Q&As

Can grant ad colligenda bona issue where there is a caveat in place?

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Produced in partnership with Adam Draper of Shoosmiths
Published on LexisPSL on 08/08/2016

The following Wills & Probate Q&A produced in partnership with Adam Draper of Shoosmiths provides comprehensive and up to date legal information covering:

  • Can grant ad colligenda bona issue where there is a caveat in place?

The grant ad colligenda bona is a usual tool for the estate practitioner. The purpose of the grant is to protect and ‘preserve’ the estate until a full grant can be taken out.

In the case of a dispute as to the validity of the will or the appointment of the Personal Representatives (PRs), a caveat is often put in place to prevent the issue of a formal grant of probate. The caveat will often remain in place for a considerable period of time while the parties engage in pre-action protocols and alternative dispute resolution.

The freezing of the administration can have a negative imp

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