Probate question - no response from solicitors

Cool_customer

Thank you very much for your good advice G_M. I have drafted something but we will try to be patient for a little longer.

In the meantime, the estate agent has now managed to get in touch with the solicitors undertaking probate, who have advised that there is a delay due to a back log at the Court of Protection.

Please would anybody know why the Court of Protection would be involved or indeed whether they are always involved in the probate process? I have read up online a little but we are still a bit hazy about how it works.

bouicca21

The family were not able to get a power of attorney to act for the vendor (presumably because (s)he was not competent to act for him/herself), so they had to act under the remit of the court of protection.

beecher2

Cool_customer wrote: »

at the Court of Protection.

Please would anybody know why the Court of Protection would be involved or indeed whether they are always involved in the probate process? I have read up online a little but we are still a bit hazy about how it works.

I assume they'd only be involved in cases where PoA can't be given. This link might help

https://www.justice.gov.uk/protecting-the-vulnerable/cfo/court-of-protection/register-a-death

Mojisola

bouicca21 wrote: »

The family were not able to get a power of attorney to act for the vendor (presumably because (s)he was not competent to act for him/herself), so they had to act under the remit of the court of protection.

I don't understand this continuing after death. I had POA for Dad but it stopped functioning immediately on his death. Everything from that day on had to be dealt with as his executor.

beecher2

Mojisola wrote: »

I don't understand this continuing after death. I had POA for Dad but it stopped functioning immediately on his death. Everything from that day on had to be dealt with as his executor.

It must be different for situations when the Court of Protection is involved as the Courts Funds Office looks after the money in this case.

bouicca21

I can't remember all the details from when my mum died, but I think we might have had to get some sort of sign off from the court of protection, so that we could proceed to act as executors.

Cool_customer

Thank you, I'm trying to find out online whether this might mean that there wasn't a will - which I know can really slow things up - or whether it just relates to the Power of Attorney the family may have had before the vendor passed away. If anyone else has any thoughts they would be gratefully received

Errata

POA ceases on the death of the donor, as do the powers of a Deputy appointed by the Court of Protection.

Cool_customer

Thanks

I'll keep reading up - but if the powers of a deputy appointed by a Court of Protection cease on the death of the individual for whom they have been appointed, I am a bit confused as to where the Court of Protection are involved in a grant of probate - unless like bouicca21 mentioned this needs to be signed off in some way if there was a deputy before the probate can be granted.

beecher2

Cool_customer wrote: »

Thanks

I'll keep reading up - but if the powers of a deputy appointed by a Court of Protection cease on the death of the individual for whom they have been appointed, I am a bit confused as to where the Court of Protection are involved in a grant of probate - unless like bouicca21 mentioned this needs to be signed off in some way if there was a deputy before the probate can be granted.

Did you read the link I posted - that seems to explain the process.