Note: This article was originally published in January 2025 and reflects the law, guidance, and tax rates applicable at that time.
Many people will be familiar with Grants of Probate and Letters of Administration, but fewer may be aware that there are also several categories of “limited Grants”. A limited Grant is as it says on the tin, a Grant of Probate, but one that is limited by subject matter or time. One of the most common types of limited Grants is a Grant Ad Colligenda Bona. A Grant Ad Colligenda Bona is one that entitles the named executor or administrator to administer the estate but not distribute it. The Grant is limited to collecting in and preserving the assets.
In 2025, Druces’ Contentious Estates team obtained such a Grant for the administrator of an estate. The estate was an intestate one where the deceased had died over two years ago. Various claims were being made against the estate, including a claim for proprietary estoppel from a disappointed beneficiary and two caveats that were preventing the issuing of the Grant. There was also active litigation concerning one of the properties owned by the estate; a tenant was making a claim for the long lease to be extended. The estate was predominantly made up of rental properties, which meant there were limited funds available to pay the large inheritance tax bill.
The inheritance tax bill had gone unpaid for many months and far in excess of the six-month period from the month of death in which you are given by HMRC to pay the tax owed, meaning significant interest had accrued and was continuing to accrue. The short-term tenancies had expired on the rental properties and new tenancies could not be signed because nobody had been named as administrator. Some of the rental properties had also fallen into disrepair because funds were unavailable to pay for repairs. In short, it was a perfect probate storm.
The estate was at real risk of wasting and it was feared if a Grant was not obtained soon and the estate administered, the value of the estate would soon be dwarfed by the unpaid inheritance tax and interest that accrued thereon.
Druces successfully filed an application for a Grant Ad Colligenda Bona that saw our client, the Deceased’s spouse, named as administrator of the estate. The application involved a paper probate application and a witness statement in support, setting out the reasons with evidence as to why a Grant Ad Colligenda Bona should be granted by the Probate Registry. The Probate Registry only issues these types of Grants in extreme circumstances, so it is important a substantiated and thorough case is put forward. To obtain the Grant, we also negotiated with the two caveators who had lodged caveats against the estate to have them removed. The Probate Registry would not issue the Grant without the caveats being removed or proof the caveators agreed to the administrator being named.
Having obtained the Grant, our client, the named administrator, has been able to agree to the lease extension and prevent the proceedings reaching Court; agree new tenancies over the short-term rental properties, which is providing an income to pay for estate expenses; sell shareholdings and properties to release funds to pay some of the inheritance tax. Although our client will not be able to distribute the estate, there is now breathing space to deal with the claims being made by disappointed beneficiaries and importantly, the estate is not wasting.
A Grant Ad Colligenda Bona is a highly effective tool when dealing with contentious estates because they protect and preserve the estate assets and allow assets to be sold to pay the inheritance tax owed, whilst allowing time to properly mediate claims. This was particularly true at the time of writing in January 2025, when the interest rate on unpaid tax was 7.25%. As of September 2026, that rate has risen to 7.75%. Caveats are very easily entered against estates and although a caveat should only be entered when there is a concern over the validity of the Will, there has been a rise of caveats being lodged by disappointed beneficiaries as a way of frustrating the administration of the estate. Often, these caveats are then sealed because the Probate Registry is failing to properly scrutinise the reasons behind the lodging of a caveat in a complete want of due process. In such instances, a Grant Ad Colligenda Bona is often the only solution to prevent the estate falling into rack and ruin.
To obtain, a Grant Ad Colligenda Bona a paper application must be submitted to the Probate Registry under Rule 52 of the Non-Contentious Probate Rules 1987. In addition to the relevant paper probate form, a witness statement must be included to set out the reasons why a Grant Ad Colligenda Bona is required. Typically, such a witness statement would set out why a full Grant cannot be obtained (e.g. due to probate claims and the details of those claims), the assets that require urgent attention and the loss to the estate that will likely be incurred if immediate action is not taken, and what the administrator will do once he/she has obtained the limited Grant.
It is important to note that a Grant Ad Colligenda Bona does not resolve the underlying dispute. Efforts will still need to be made to deal with the claims being intimated against the estate, e.g. validity of a Will or a 1975 Act claim. Once the underlying dispute is resolved, a full Grant can be obtained, and the estate can be distributed in accordance with whatever solution has been agreed between the interested parties.
A Grant Ad Colligenda Bona is a procedural tool, but a very important procedural tool that preserves the value and integrity of the estate.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]
