if grant of probate "ad colligenda bona" is made does a non executor beneficiary have any power to direct the distribution at a later date ?
State/Country relating to Question: United Kingdom
Are you a residuary beneficiary or entitled to a legacy? Are there other residuary beneficiaries?
one of the executors/brother (the difficult one --who has a medical condition called uremia due to kidney problems) is a residuary beneficiary . The other executor gets a reasonable legacy .I get 5000 tax free and nowt more and have the caveat on the probate register . MAIN ASSET house in 6 acres of land worth about 400,000 .SECOND executor trying to be fair .other brother is a .*********want to get on an sort out probate and request liftung of caveat on a"ad colligenda bona " basis ?
As you are legatee you do not have as many rights as a residuary beneficiary but you are entitled to know that the estate is being administered properluy. An Ad Colligenda grant allows the executor to administer a particular aspect of the estate in order to preserve its value. It does not give him general powers in respect of the esate and will not be able to obtain probate while the caveat is in place. The execuotrs will need to try to work together and the fact that there has been an interim grant does not preclude the other executor ensuring the the eastate is managed properly in the future.
ok but what power to stop distribution do i have ..any ?
You do not unless there is fraud or gross mismanagement in which case you can appeal to the Court to replace the executor
sorry to be a pain --but they were telling me that it would allow them to get in and realise the assets (sell the house etc) but they would not to be able to do even a partial distribution without my agreement ...is that not the case ?
They cannot distribute under a provisional grant. They would need a full grant of probate for this. A provision grant does allow them to collect in the assets of the estate so they have told you the truth
LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
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