A recent Supreme Court case on special grants of probate has been added to 101 Succession Answers NSW. Application of Penhall and Dutton; Estate of the late Kylie Anne Dutton  NSWSC 79 relates to an application for special administration ad colligenda bona defuncti, whereby a grant is obtained to protect the estate.
In this case the deceased’s home was unoccupied for 6 months with no insurance cover, which presented a real risk of diminishing the value of the estate. The Court granted the application to allow the property to be sold and the proceeds placed in an interest bearing account. The Court noted this was an interim measure and a full grant was still required to distribute the estate.
The By Lawyers Probate and Letters and Administration commentaries and 101 Succession Answers all deal with special grants. These apply when there is no one able to seek a grant and there are special needs for the estate. The special grants include:
- Administration de bonis non administrates cum testamento annexo – administrator dies before completing the administration of will;
- Administration de bonis non administrates – administrator dies before completing the administration of intestacy;
- Administration for the purposes of the family provisions claim under s 91 of the Succession Act 2006 – also covered in the By Lawyers Family provision claims guide;
- Administration pendente lite – s 73 Administration during litigation;
- Administration ad litem to commence or defend proceedings;
- Administration by a manager appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal for a person lacking mental capacity;
- Administration during minority;
- Application by a guardian;
- Administration durante absentia – executor or administrator outside NSW grant to an attorney – s 72;
- Application under s 76 if executor or administrator out of jurisdiction special administrator may be appointed;
- Administration when the sole beneficiary/executor/administrator suffers from a disability, he can nominate another; and
- Grant to a creditor.
The 101 Succession Answers publication can be found in the Reference materials folder at the top of the matter plans in all By Lawyers succession-related guides – Wills, Powers of Attorney, Appointments of enduring guardian and Family provision claims.