Re Estate of Coe

The matter before the court involved the estate of a deceased person, with the central issue being the appointment of an administrator ad litem to manage the estate for litigation purposes. The case was heard by the Supreme Court of New South Wales. The primary dispute revolved around whether an administrator ad litem could be appointed without a citation of executor, and if so, what the scope of their authority should be.

The court was required to determine the legal standards for appointing an administrator ad litem in the absence of a cited executor, the necessity of an administration bond, and whether the administrator ad litem held a fiduciary duty. Additionally, the court had to consider the proper form of the order for such an appointment and the extent to which the administrator's duties would be limited.

In its reasoning, the court held that an administrator ad litem could indeed be appointed without a citation of executor, but the grant would be limited to the specific purpose of the litigation within the court's jurisdiction. The court emphasised the importance of ensuring the administrator's independence by requiring evidence of their suitability. The court also concluded that while the administrator ad litem had certain duties, these were not necessarily fiduciary in nature. The court further clarified that the administration bond would be necessary, but it should be tailored to the limited scope of the administrator's role. The form of the order was to explicitly state the limited purpose of the appointment and the boundaries of the administrator's duties.