Administering An Estate Without Probate During A Dispute

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The process of obtaining probate can be stalled for many reasons. The most common example is when a dispute has arisen as to the Will’s validity and a caveat has been entered.

A caveat will prevent probate from being obtained until it expires, is withdrawn by the person entering the caveat, or is successfully warned off. The absence of probate being granted prevents the estate from being administered which in some circumstances may lead to the estate suffering a loss.

Losses will often occur where there is a property sale being processed however the sale is unable to complete without probate being granted, thereby preventing the property to be legally transferred. Similarly, where a deceased person had an ongoing business interest, probate may be required in order to allow that business to continue operating. Any loss to the estate is unlikely to be in the best interests of the beneficiaries, or even those disputing the Will’s validity as the dispute may conclude with those challenging the Will becoming the ultimate beneficiaries. For this reason, the named executor may consider seeking authority to administer part of the estate as necessary to avoid any losses.

Application for Administration Ad Colligenda Bona

A named executor is able to make an application for Administration Ad Colligenda Bona. This is a limited grant which allows an administrator to act for a specific purpose, such as to complete a property sale. If successful a grant will be made to the applicant on the basis that any proceeds obtained as a result are held until probate in full has been granted. Such an application, if successful, protects the estate from any loss occurring as a result of the delay caused by a dispute and furthers the administration of the estate. Once a full grant has been obtained, the executor will be in a position to distribute the estate without delay.

When considering an application for Administration Ad Colligenda Bona, the applicant must make the application as soon as practicable. It is likely an application will take a number of months and therefore the application should be made early so as to avoid a potential transaction being lost due to delay. An applicant may also seek confirmation of the parties’ position in respect of the application so as to ensure there will be no dispute regarding the action taken by those who may be entitled to benefit from the estate.

How can we help?Administering Estate Without Probate

Stuart Parris is an Associate in our expert Dispute Resolution team.

If you feel that you are experiencing harassment or have been accused of harassing another, please contact Stuart or a member of our Dispute Resolution team who will be able to assist with any claim through the civil Court.

Please call 0800 024 1976 or contact us via our online enquiry form.

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