When is an Ad Litem Grants required?
An Ad Litem Grant is required where a grant has not yet issued in a deceased person's estate and another person or organisation wishes to issue proceedings to make a claim against the estate and time is of the essence. The court appoints a person to extract the grant and the grant is limited for specific purposes which are set out in the court order. In most circumstances, that person is not entitled to or responsible for administering the deceased's estate.
After the Probate Judge grants an order, the following documents must be submitted for the application for the Ad Litem Grant:
- Original Attested Copy Order (obtained from the Rules Office section of the Probate Office).
- Oath/Bond form (most commonly Administration) - Oath must cite the Court Order by place and date of issue, set out the limitations as per the court order and identify the applicant as “the person appointed pursuant to Section 27(4) of the Succession Act 1965”.
- Notice of Application with the relevant fee.Death Certificate or Coroner's Certificate (if Death Certificate not available).
- Probate fee
Important: If the court order allows for the extraction of Letters of Administration with Will Annexed, then an Oath of Administrator with Will Annexed must be submitted, and the original will must be exhibited in the oath.
