Dad's Will

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hullboy31 wrote: »

Thanks for all your reply's


Another question can my uncle who has been named executor sign the duties over to me as he is in no rush to sort any of it out? he got what he was left in the will a clock.


if not when he comes to release funds would I get a breakdown of whats been spent etc?

You can do the probate under POA on his behalf, the problem is that if he dies before it completes the POA ends and and new aplication for probate made.(allthough in practice you don't allways have to stop as most places won't know).


the process is simple fill in the PA1 and the probate office send a POA letter for the uncle to sign.

from the PA1 notes

E The executor wants to appoint another person to act as his / her attorney to take the Grant of

Representation out on his / her behalf. Please note, however, that the attorney of one executor cannot take a grant jointly with an executor acting in his own right.

If you give reason D or E, please send a letter signed by the executor stating their intention when you send the application to the Probate Registry. If option C, D, or E is stated the Probate Registry will, on receipt of your application, send you a form for the executor(s) to sign to confirm their intention. You should arrange for this to be completed and then return it to the Probate Registry as instructed.

getmore4less

dzug1 wrote: »

He can relinquish his duties, yes - but he can't sign them over to anyone specific other than a professional.
There is a 'pecking order' in probate law. You as son come high up in that order - I think next after his wife if still alive and willing.

You can do a lot of the paperwork for him anyway, unofficially. Preparing letters for him to sign and the like

See above.