A grant ad litem is a limited grant of representation appointing someone solely to sue or, more often, to be sued on behalf of a deceased person’s estate in identified court proceedings. It is used to constitute a party (usually a
defendant) where the estate must be before the court but a full grant of probate or letters of administration is not yet available. Authority is confined to the specified litigation and does not extend to collecting, managing, or distributing the estate.
In England & Wales and Northern Ireland, the Probate Registry issues a limited grant of probate or letters of administration ad litem for the purpose of particular proceedings. The term is a recognised practice expression reflected in probate rules on limited grants. In Ireland, the Probate Office can issue a limited grant ad litem to enable High Court or Circuit Court proceedings (including estate and fatal injuries claims), as provided for in practice and court rules.
In Scotland, the functional equivalent is the court’s appointment of an executor-dative ad litem to represent the estate in the action; this is not a probate “grant” and does not confer confirmation.
The appointment ends when the proceedings conclude or as directed by the...