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Limited Grant of Representation, can it be obtained quickly?

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Are you an executor or administrator of an estate and are you trying to deal with an asset of the deceased’s estate quickly in order to preserve that asset? Is there a risk that a delay in the administration of the asset, if you wait for a full Grant of Representation, would jeopardise the value of the asset?

For example, did the deceased die following the exchange of contracts to sell their property but before the sale had completed and you want to ensure that the sale can proceed rather than losing a prospective buyer? Or is a Grant of Representation required in order to keep the deceased person’s business running? Or was the deceased involved in litigation and you need a Grant of Representation urgently to protect and preserve their claim?

If so, you may be able to apply for a limited grant, known as a Grant Ad Colligenda Bona, to quickly and efficiently deal with that specific asset / circumstance.

In order to obtain a Grant Ad Colligenda Bona, you need to prepare an application to the Probate Registry, supported by an Oath and an Affidavit. The application must be approved and authorised by the District Registrar and by HM Revenue and Customs (HMRC) before the Probate Registry are able to issue such an application. Once you obtain the Grant, however, you must be careful not to exceed the power granted by the limited Grant and must still apply to the Probate Registry for a full grant in due course once you have all the relevant information available to you.

At Clarion, we have an experienced team of lawyers who are able to easily recognise when our clients require a limited Grant and can quickly and efficiently assist them in obtaining such grants. We have recently obtained a limited grant in respect of the sale of the deceased’s property in 5 working days from submitting the application to the Probate Registry. Within these 5 days we obtained approval and authorisation from the District Registrar and HMRC then obtained the interim Grant. We have good contacts at HMRC and the Probate Registry to enable us to swiftly and efficiently obtain limited grants.

If you have any questions in relation to limited Grants of Representation, or would like any assistance with obtaining such a Grant, please contact Sarah Berry on 0113 336 3400 or via email on sarah.berry@clarionsolicitors.com

 

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