Salkanovic v Polites

In Salkanovic v Polites, the applicants sought a limited grant of probate ad colligenda bona and an order for an administrator ad colligenda bona to be appointed. The applicants, who are beneficiaries of the deceased's estate, argued that the executor had failed to provide information and documents related to the estate, including a significant debt claimed by the executor to be owed to Nominated Manager Ltd, a company controlled by the executor. This alleged debt is central to the executor's claim that the estate is insolvent. The applicants sought the court's intervention to protect the estate's assets and ensure proper administration.

The central legal issue was whether the applicant had established sufficient grounds for the court to grant letters of administration ad colligenda bona to protect the estate's assets. The applicants argued that the executor's refusal to provide information and documents and the transfer of the deceased's shares to a company controlled by the executor created an urgent need to protect the estate. The executor, on the other hand, contended that the estate was insolvent and that probate could not be granted due to insufficient assets. The court had to determine whether the applicants' concerns about the executor's conduct warranted the appointment of an administrator ad colligenda bona.

The court found that the applicants had demonstrated a genuine concern about the executor's handling of the estate and the potential for assets to be improperly disposed of. The lack of transparency and cooperation from the executor, coupled with the transfer of significant assets to a company he controlled, justified the appointment of an administrator ad colligenda bona. The court held that the applicants' interests in ensuring the proper administration of the estate and the protection of its assets were compelling enough to warrant the intervention of the court. Consequently, the court granted the applicants' requests for a limited grant of probate ad colligenda bona and ordered the appointment of an administrator ad colligenda bona.