A concise guide for practitioners and stakeholders
1 | Statutory basis
Section 19 of the Administration of Estates Law, Cap. 189 empowers the Court to issue limited grants of representation that are:
- time‑bound (pendente lite),
- restricted to specific assets, or
- confined to a special purpose (ad litem, ad colligenda bona, etc.).
Cypriot courts, following Terzian v Terzian (2003) 1Β ΑΑΔ 1252, look to English probate practice for guidance unless local rules dictate otherwise.
2 | When a limited grant is appropriate
|
Form |
Typical trigger |
Ends automatically when… |
|
Pendete lite |
Probate dispute or will contest |
Final judgment is delivered |
|
Ad litem |
Ongoing or impending litigation |
The action is finally disposed of |
|
Ad colligenda bona |
Perishable/endangered assets |
Collection and safeguarding complete |
A limited grant should be sought only when (i) no general administrator exists, and (ii) the intended step cannot wait for a full grant.
3 | Key principles distilled from case‑law
- Necessity & proportionality – The court will refuse over‑broad applications.
- Neutrality preferred – A nominee should, where possible, be independent (Patsalides v Kyriakides (1985) 2 JSC 613).
- Consent essential – No person can be compelled to accept a grant (Nicolette Areti v Marfin Popular Bank, App. 178/2011).
- Creditors as administrators – Permitted only exceptionally; the applicant must justify why a neutral nominee is unavailable (Re Atherton’s Goods (1892) P 104).
4 | Procedure snapshot
- Ex‑parte affidavit verifying death, absence of full grant, need for limited grant, and written consent of the proposed administrator.
- Filing of a draft order precisely limiting duration, assets and purpose.
- Service on those entitled to a general grant—unless urgency justifies dispensation.
- Security is usually waived for “nil estate” grants.
5 | The limited administrator’s role
A grantee ad litem or pendente lite:
- acts only for the stated purpose (e.g. serving or receiving statutory notices, defending a claim);
- owes no general fiduciary duties to realise or distribute the estate (Andromachi Mina v NBG (Cyprus), App. 376/2011);
- automatically ceases to act once the purpose is fulfilled or the time limit expires.
6 | Common pitfalls
- Over‑broad drafting (“to act generally on behalf of the estate”).
- Conflicted nominee without cogent explanation.
- Failure to notify relatives entitled to a full grant.
7 | Objecting—or not
Valid objections include: an unnecessary grant where a full administrator is ready to act; a plainly conflicted nominee; or an order wider than the stated purpose.
Conversely, collateral disputes (e.g. separate settlement agreements) rarely defeat a tightly drafted limited‑grant application.
8 | Final thoughts
Limited grants offer a targeted, court‑controlled solution when a procedural dead‑end threatens to stall litigation or statutory processes involving a deceased person. Precision in drafting and thoughtful choice of nominee are the twin safeguards that protect beneficiaries, creditors and third parties alike.