Legal Definitions - ad colligendum bona defuncti

The Latin term ad colligendum bona defuncti refers to a special, limited form of legal authority granted by a court. It literally means "for collecting the goods of the deceased."

When a person dies, their assets (known as their estate) need to be managed. Usually, this is done by an executor named in a will or an administrator appointed by the court. However, there are situations where there's a delay in appointing a full executor or administrator, or where immediate action is needed to protect the deceased person's property.

In such cases, a court can issue letters of administration ad colligendum bona defuncti. This grants a specific individual the temporary and restricted power to collect, gather, and preserve the deceased person's assets. The purpose is solely to safeguard the estate from loss, damage, or theft until a permanent executor or administrator can be appointed and take over the full management and distribution of the estate. This temporary administrator does not have the power to sell or distribute the assets, only to protect them.

Here are a few examples of when this legal tool might be used:

• Example 1: Sudden Death and Unsecured Business Assets
  Imagine a successful small business owner dies suddenly without a will. The business has valuable inventory, cash on hand, and ongoing operations that could quickly suffer without immediate oversight. The family is grieving and overwhelmed, and the process to formally appoint an administrator for the entire estate will take time. A court might appoint a trusted business associate or a professional administrator ad colligendum bona defuncti. This person's role would be to secure the business premises, inventory the assets, ensure perishable goods are not lost, and prevent unauthorized access to funds, all while the formal probate process begins to appoint a permanent administrator. Their authority is strictly limited to protecting these assets, not running the business long-term or distributing its value.

• Example 2: Disputed Will and Valuable Personal Property
  An elderly art collector passes away, leaving a will that is immediately contested by certain family members who believe it was made under undue influence. The deceased's home contains a significant collection of valuable paintings, sculptures, and antique furniture. While the dispute over the will's validity is ongoing in court, there's a risk that these valuable items could be damaged, stolen, or improperly moved. The court could issue letters of administration ad colligendum bona defuncti to an independent party, such as a public administrator or a neutral attorney. This individual would be authorized to enter the property, create a detailed inventory of the art and antiques, arrange for their secure storage or professional appraisal, and ensure no items are removed or tampered with until the will dispute is resolved and a permanent executor is appointed.

• Example 3: Deceased Person with Remote Assets and Absent Heirs
  A person living abroad dies unexpectedly, but they own a vacation home, a car, and several bank accounts in their home country. Their closest relatives live in a different country and cannot immediately travel to manage the estate. The vacation home needs to be secured, the car needs to be garaged, and the bank accounts need to be monitored to prevent fraud or unauthorized withdrawals. A local court in the home country might appoint a local attorney or a public administrator ad colligendum bona defuncti. This temporary administrator would have the authority to secure the property, arrange for the car's safekeeping, and take steps to protect the financial accounts, ensuring these assets are preserved until the family can arrive or a formal executor is appointed to handle the full administration of the estate.