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Administration Pendente Lite UK: Interim Grants During Contested Probate

Updated 27 May 2026 · 8 min read · Probate & Estate Administration

When a will is contested and probate proceedings become disputed, there is often a period — sometimes months or even years — during which no one has legal authority to administer the estate. Administration pendente lite (“while litigation is pending”) is a limited grant of administration that gives an interim administrator power to preserve and protect estate assets until the dispute is resolved.

What Is Administration Pendente Lite?

Administration pendente lite is a limited grant made by the court during contested probate proceedings. It authorises a named individual or trust corporation to manage and preserve the estate — collecting assets, maintaining insurance, paying pressing liabilities — while the underlying dispute about the will’s validity is resolved.

It is not a full grant of administration. The administrator pendente lite cannot distribute the estate to beneficiaries or take any action beyond preservation. Their authority ends automatically once the probate dispute is determined and a full grant is issued.

When Does the Need Arise?

A probate dispute typically starts when a party enters a caveat at the Probate Registry, blocking any grant until the caveat is resolved. Once a warning is issued and an appearance entered, or a probate action is commenced in the High Court (Chancery Division), the estate enters a period of uncertainty. No one — not even the named executor — can obtain a valid grant.

During that period, estate assets may be at risk:

In any of these circumstances, a party should consider applying for an administration pendente lite order without delay.

Who Can Apply and Where?

Any party with a legitimate interest in the estate — a beneficiary under the will, a potential beneficiary under intestacy, or a creditor — may apply. The application is made to the High Court (Chancery Division) under CPR Part 57 if probate proceedings have been issued, or to the Probate Registry under the Non-Contentious Probate Rules 1987 if the dispute has not yet reached the High Court.

The court will typically appoint an independent professional — a trust corporation or neutral solicitor — rather than one of the litigating parties, to avoid any conflict of interest in the preservation role.

Powers of the Administrator Pendente Lite

The grant is custodial in nature. The administrator pendente lite may:

The administrator pendente lite cannot:

Duration and Costs

The grant subsists until the probate dispute is finally determined — either by court judgment or by settlement. Once a full grant of probate or letters of administration issues to the rightful personal representative, the administrator pendente lite’s authority ceases automatically. They must deliver up the estate and their detailed accounts.

Reasonable remuneration and expenses of the administrator pendente lite are payable as a first charge on the estate, not by the parties personally. The court may review fees if they appear disproportionate.

FAQs

What does 'pendente lite' mean and when does administration pendente lite arise?

Pendente lite is a Latin phrase meaning 'while litigation is pending.' Administration pendente lite is a limited grant of administration made during contested probate proceedings — that is, while there is an active dispute about the validity of a will (e.g. a probate caveat has been entered and warning issued, or a probate action has commenced in the Chancery Division). Without any administrator in place, the estate could fall into disrepair, assets could be dissipated, or time-sensitive obligations (rent, mortgage payments, insurance, business obligations) could go unmet. The grant authorises a named individual or trust corporation to manage and preserve the estate until the dispute is resolved and a final grant can be issued.

Who applies for administration pendente lite and which court handles it?

Any party with a legitimate interest in the estate may apply — typically a beneficiary, a creditor, or one of the parties to the probate dispute. The application is made to the High Court (Chancery Division, Business and Property Courts) or, in straightforward cases, may be handled by the Probate Registry. The court will select someone independent — often a professional trustee or trust corporation — to act as administrator pendente lite; a party who is themselves a litigant is unlikely to be appointed. The application is made by summons or Part 8 claim form under the Non-Contentious Probate Rules 1987 (for Probate Registry applications) or CPR Part 57 (for High Court probate actions).

What powers does an administrator pendente lite have over the estate?

An administrator pendente lite has a limited, custodial role. The grant authorises them to collect and preserve the assets of the estate — securing property, collecting debts, maintaining insurance, and protecting estate property from waste or dissipation. They do not have authority to distribute the estate, to sell assets unless necessary to meet pressing liabilities or preserve value, or to carry on the deceased's business beyond what is strictly necessary for preservation. The administrator pendente lite must keep detailed accounts and report to the court. Their fees, which are properly payable from the estate, will be authorised by the court.

How is administration pendente lite different from a full grant of administration?

A full grant of administration (letters of administration or grant of probate) gives the personal representative full power to collect assets, pay debts, and distribute the estate to beneficiaries. Administration pendente lite is a strictly limited grant: it authorises custody and preservation only. The administrator pendente lite cannot distribute the estate to any beneficiary — distribution must await the final resolution of the probate dispute and the issuing of a full grant. The grant ceases automatically when the probate dispute is resolved: once the final grant is made, the administrator pendente lite's authority ends and the appointed executor or administrator takes over.

When does a grant of administration pendente lite end?

The grant ends on the final determination of the probate action or dispute — either when the court has decided whether the will is valid (and a full grant of probate or letters of administration follows), or when the parties reach a settlement and the litigation is withdrawn. It also ends if the court makes an order revoking it, for example if the need for preservation has passed. Once the grant ends, the administrator pendente lite must hand over the estate (and their accounts) to the newly appointed executor or administrator under the full grant. Reasonable remuneration and expenses of the administrator pendente lite are payable as a first charge on the estate.

What happens if no administration pendente lite is applied for during contested probate?

If no interim administrator is appointed, the estate essentially has no one with legal authority to deal with it. The executor named in the will — whose authority is derived from the will — cannot obtain probate until the dispute is resolved. No one can legally collect assets, pay debts, or preserve estate property. In practice, this creates serious risks: perishable or time-sensitive assets may be lost, creditors (including HMRC) cannot be paid, and litigation may be prolonged. In urgent cases — for example, where a business needs to continue trading or a property is at risk of forfeiture — a party to the dispute should apply promptly for an administration pendente lite order. The court has full discretion to act quickly where the estate is at immediate risk.

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