When someone dies, it may be necessary to obtain a Grant of Probate or if there was no valid Will, a Grant of Letters of Administration. These Grants are issued to the nominated executor or administrator who will act on behalf of the estate to deal with estate administration process.
Depending on the estate and other circumstances, it is sometimes necessary for an executor or administrator to obtain a limited grant of representation or make an application for an application which is not as straightforward as a Grant of Probate of Grant of Letters of Administration.
Examples of when a limited or unusual grant is applied for may include:
- Where an executor or administrator needs to urgently deal with an estate asset and cannot wait for a general grant of representation;
- Where a grant is required as there is litigation under foot and the estate needs to be represented in these proceedings; or
- Where an executor or administrator goes missing, is incapacitated or is a minor.
These Applications require more detail and more documentation to be completed than the normal application for a full Grant of Probate or Grant of Letters of Administration and as each estate is different, the applications required are different.
What is a Grant of Representation?
A Grant of Representation is a legal document issued by the Supreme Court of Victoria, which enables the executor or administrator to deal with the estate assets. The Grant is proof that the person named in the Grant is entitled to collect and distribute the estate of the deceased so it can be provided to banks and government institutions etc by the executor or administrator to show that they have the power and right to administer the estate.
Limited Grants of Representation
Depending on the circumstances of the deceased and their estate, these applications may not be straightforward and may need to be a limited grant to allow for specific tasks to be carried out until a full grant is made.
The most common types of limited grants are:
Letters of administration ad colligendum bona – granted for protection of an estate’s assets pending delay in making a general grant
Letters of Administration ad colligendum bona allows a person to collect, preserve and protect assets of a precarious or perishable nature where there is an unavoidable delay in the Court in making a general grant of representation. The purpose of this limited grant is to give authority to a person to take steps to protect assets of the estate.
An example of this is where the deceased had signed a contract of sale and died before the settlement. To avoid a breach of the contract of sale, an application for administration ad colligendum bona can be made to allow that person to affect the settlement.
Letters of administration ad litem – granted to provide authority to a person to represent an estate in litigation
Where an estate requires a representative to defend, commence or prosecute legal proceedings, a person can apply for a grant of Letters of Administration ad litem.
This application is not solely to preserve estate assets but empowers an Administrator to provide instructions where the estate is or about to be party to a proceeding and is effective until the dispute is resolved and is usually granted where urgent action is required in relation to the litigation to protect the estate and there is insufficient time to apply for a full Grant.
Letters of administration pendente lite
An application for letters of administration pendente lite is suitable when there is ongoing litigation regarding the estate. When there is a dispute of the validity of a Will or estate in general, the Court will appoint an Administrator to preserve and protect the estate assets until such time as the dispute is finalised.
Unusual Grants of Representation
In some estates, the Court may need to issue a Grant of Representation in unusual circumstances. These Grants are required when there are situations that obstructing an normal Executor or Administrator administering and estate.
Some of the unusual Grants of Representation include:
Letters of administration De bonis non
A grant of letters of administration de bonis non can be made when an executor or administrator dies or goes missing before they have fully administered an estate.
This application can only be made in specific circumstances relating to the missing or deceased executor.
Letters of administration Durante Absentia
A grant of letters of administration durante absentia can be made when an executor or administrator has as failed to act on the estate for over a year. The court may appoint a creditor or person who has an interest in the estate to finalise the estate.
Letters of administration Durante Dementia
A grant of letters of administration durante dementia can be made when there is no valid Will and the person who would otherwise be entitled to administer the estate does not have the capacity or loses capacity during the administration of an estate.
The person making this application must have standing; they must be a person who is entitled to benefit from the estate if the person otherwise entitled to apply for the Grant had died without a Will.
Letters of Administration Durante Minore Aetate
A grant of letters of administration durance minore aetate is issued when an executor named in a Will is a minor. As a minor cannot act as an executor, the Court will appoint a suitable person in their place as an administrator until the appointed executor reaches adulthood.
How can Nevett Ford help?
At Nevett Ford Lawyers our Wills and Estate Team can assist with limited and unusual Grants of Representation.
Whether you’re dealing with an executor dispute, need to apply for a Grant of Probate or Letters of Administration, or require assistance with complex estate matters, we can help you navigate the legal processes in Victoria.
For further information please contact us on +61 9614 7111 or email us at melbourne@nevettford.com.au.