Q&As

Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the deceased?

read titleRead full title
Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 10/06/2019

The following Wills & Probate Q&A produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the deceased?
  • The question
  • The position of the executors
  • Grants ad colligenda bona
  • Procedure
  • Summary

Is an application for a grant ad colligenda bona the correct procedure to enable executors to complete a sale of property as agreed by the deceased?

The question

The executors cannot yet apply for the full grant of probate because they do not at this stage have full details of the assets in order to produce the IHT421 or IHT 205. The question is whether the executors can apply for a grant ad colligenda bona in order to progress the house sale.

The position of the executors

The executors are under a duty to collect in the real and personal estate of the deceased and administer it according to law: see section 25 of the Administration of Estates Act 1925. This process is generally carried out within the executors year, namely, one year from the death, which is a general rule allowing a year for the executor to gather information about the debts and assets of the estate and distribute the estate according to the terms of the Will.

If the executors require authority to effect transactions prior to the grant of probate, application for a grant of

Related documents:

Popular documents