Ad Colligenda Grant

13 Sep 2021 | Jan Atkinson

This is an estate administration where our client has been appointed by the court to administer the estate but is currently limited to an ability to sell the house under an ad colligenda grant, but not to distribute the sale proceeds until the underlying contentious probate claim concerning the validity of the last will of HB has been resolved. The validity of the will is being challenged as the last ‘will’ contains a legacy of £1m to HB’s carer. The challenge is based on grounds of undue influence, lack of capacity and fraudulent calumny. The dispute with HMRC as to whether very significant sums of money made available by the family to HB to cover care costs etc. were to be treated as loans or gifts has been resolved.

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