Probate and Will, Trust & Estate Disputes

The Tale of Multiple Wills

Thomson Snell & Passmore Trust Corporation (TSPTC) were appointed as Independent Administrators, to obtain a Grant of Ad Colligenda Bona while the various disputes were resolved between the children of the deceased, who were separately represented and were locked in dispute. Principally the validity of the deceased’s last known Will, of which there were three variations were being considered.  One version leaving the estate to one child, another version leaving the estate to another child and third and final version leaving the estate equally between the children.

A Grant Ad Colligenda Bona was obtained. This type of grant permits the ordinary administration of the estate whilst the dispute is being settled.  Essentially the grant is limited for the purpose of only collecting in and receiving the estate assets in doing everything that was necessary for the preservation of those assets including the marketing and sale of a property.  It also permits the administrators to discharge outstanding debts and hold the balance of the estate pending resolution as to the validity of the Wills left by deceased until further representation is granted.

A considerable time later the children have reached an agreement as to which Will is to be proven, namely the Will leaving everything equally to the children, but subject to a deed of variation to reflect the parties agreement that one of the children is to receive a larger share of the estate.

Without TSPTC being involved the estate would have remained unadministered. Knowing that there was an Independent Administrator dealing with the assets meant that the parties could focus on resolving the issues.

The role of the TSPTC is to remain independent, but to do all that is needed to facilitate collecting in and protecting the assets ready for distribution now that agreement has been reached.

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