Duhaime's Law Dictionary


Ad Colligendum Bona Definition:

Latin: for the collection of the goods of the deceased.

Related Terms: Administrator

Also ad colligendum bona defuncti.

A person appointed by Court order and for the limited and sole purpose of collecting, inventorying and preserving the assets of the deceased until another, long-term administrator can be found or appointed.

In Estate of Hilder, Justice Williams of the Supreme Court of South Australia used these words:

"The court is empowered to make an order for administration ad colligendum bona where delay in securing the general estate administration may imperil the property. In such a case the court may grant to any fit person administration limited to the collection of the property of the deceased and for such further purposes for the protection and preservation of the estate as the court may direct; the administrator so constituted may be given such powers as the court deems fit."

Known then as an administrator ad colligendum, this person is an agent of the Court and does not have the true or full authority of an administrator of an estate.

Hull and Hull wrote:

"When there was likely to be a delay in the appointment of a general administrator and it was urgently necessary for the protection of the estate that someone should be empowered to collect the assets, the Ordinary (sic) was accustomed to appoint an administrator ad colligendum bona...

"Grants of this kind have been made when the persons entitled to a general grant were unknown, or abroad or refused to accept the administration....

"(W)hen a grant is made ad colligenda bona it is usually limited not only to specific purposes but also until such time as a general grant is made and therefore ceases on such grant being made...

"Since the discretionary power of the Court to make a general grant in special circumstances is now so wide, grants ad colligenda bona are infrequent."

REFERENCES:

  • Hull, Rodney and Hull, Ian, Macdonnell, Sheard and Hull on Probate Practice, 4th Ed. (Toronto: Carswell, 1996), pages 252 and 254.
  • In The Estate of Hilder, [1998] SASC 7039

Categories & Topics:


Always looking up definitions? Save time with our search provider (modern browsers only)

If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you!