Under the provisions of the Administration and Probate Act 1958 (as amended) a court may order that an administrator be appointed with limited power to carry out certain functions, for example to complete a contract, transfer investments, etc.
Such a limited power shall be controlled by the court and definitely no power to distribute assets will be given. Additionally, such limited grant will usually state that it be limited until a grant of probate or letters of administration is given, or such further order as the Court decides.
There is also the opportunity to apply to the court for a limited grant in certain circumstances, for example:
- to protect assets;
- to sell a business which was owned by a deceased;
- to seek relief of forfeiture of premises occupied by a deceased as tenant, where the landlord has repossessed those premises.
In practice, the competing party/ies should endeavour to agree on an interim administrator being appointed, otherwise, it will be open to the court to make an appointment of an independent administrator which may include a skilled lawyer, trustee company or State Trustees Limited.
Pearce Webster Dugdales are experienced in this area and are qualified to provide advice to you.