Grant pendente lite meaning

In probate litigation, a grant pendente lite is a temporary grant of letters of administration made after a probate claim has been issued but before it is determined, enabling a neutral administrator pendente lite to preserve and manage the estate during the dispute. In England and Wales, the High Court’s statutory jurisdiction (Senior Courts Act 1981, s.117) allows such grants; equivalent powers exist in Northern Ireland and Ireland under the High Court’s probate jurisdiction and court rules. The appointee is usually independent (often a solicitor) and has the powers of a general administrator to collect and protect assets, receive income and pay proper debts and expenses, but must not distribute the estate (save with the court’s permission) and acts under the court’s control. The grant continues until judgment or until probate/administration is granted to the successful party. This differs from a grant ad colligenda bona, which is an emergency, more limited collection grant where litigation may not yet be on foot. Scots law uses different machinery: the court may appoint a judicial factor ad interim to safeguard and administer the estate pending confirmation or resolution of succession disputes.