Other Executors family trying to get Power of Attorney

Crabapple

I think the issue is that the op's co-Executor (appointed under Grant already) may be losing/have lost mental capacity.

Or more that the co-Execs immediate family think she is or want to get LPA for her and therefore gain some control over the administration of the Estate.

Molly2473

Yes, crabapple. And how go get an executor removed after probate section 50 ?

BobQ

The links below refer to the situation and the sorts of reasons why an executor can be removed. The argument appears to rest on the beneficiaries concern over the behaviour of the executor.


http://www.hughjames.com/services/services_to_individuals/private_client_services/private_client_blog/how_to_remove_an_executor.aspx#.UxuICEbit8Q


http://www.stephens-scown.co.uk/blog/2012/10/executors-what-if-you-get-it-wrong/

Saltwater_2

Ring your local Probate Registry, they will send you the papers you need to complete to revoke the Grant.
Pragmatically speaking do you really need another Grant to conclude the estate, ie have you closed all bank accounts etc already, you said that you had already dealt with the house.

BobQ

Saltwater wrote: »

Ring your local Probate Registry, they will send you the papers you need to complete to revoke the Grant.
Pragmatically speaking do you really need another Grant to conclude the estate, ie have you closed all bank accounts etc already, you said that you had already dealt with the house.

The Will still names the same people as executors.

Saltwater_2

Pretty certain that executors don't need to unamously so you can apply for another Grant in your own right, or you can make a joint application for a Grant of Double Probate with your brother. You would only need 2 executors if you needed to sell land.
Sorry about my spelling.

Saltwater_2

BobQ wrote: »

The Will still names the same people as executors.

I am sorry, I don't think i follow your meaning?
The executors named in the Will doesn't matter. You only need the Execs named on the Grant to actually sign things.

Saltwater_2

Don't go to a barrister for advice on this, it is overkill. You can do this with the Probate Registry yourself, they are very helpful to lay people. Or go to a local firm of solicitors to sort the new Grants out for you.

BobQ

Saltwater wrote: »

I am sorry, I don't think i follow your meaning?
The executors named in the Will doesn't matter. You only need the Execs named on the Grant to actually sign things.

The executors appointed by the Grant are already in place. If one is incapable (as the OP thinks but cannot prove) she needs to be removed. Are you saying one executor can cancel a Grant without the agreement of the other executor? A fresh application could be made but this does not stop the "problem executor" applying too as they are named in the Will.

madbadrob

Saltwater wrote: »

I am sorry, I don't think i follow your meaning?
The executors named in the Will doesn't matter. You only need the Execs named on the Grant to actually sign things.

Probate will only be issued to the people named in the will. Both would have to swear the oath etc and both names would appear on the grant. Executors do not have to work together but both are liable for any mistake unless the will dictates differently.

Removing an executor is not as easy as you think. You have to prove they are not acting correctly or have lost the mental ability to execute the will. Where a grant with 2 or more names are mentioned can cause problems when it comes to signing cheques etc. All named executors should sign the final accounts as well. So in this case as there are two named people as executors and one is not compus mentis they have a problem.

I have done some digging into this and cannot find a paralell to quote but someone being granted a LPA wouldnt get the right to act as that person in relation to the will. A section 50 application to the high court is probably the best way to go but that is going to require a solicitor

Rob