Executor with mental probems

Mariella00

I am joint executor/beneficiary with my sister. I am willing to apply for probate and do all the executor duties, as I am already with death certificate, banks, funeral directors. The problem now is that my sister has vascular dementia and is in a care home and cannot do anything towards the executor duties. Her daughter tells us that her mother wants a solicitor to handle it because she cannot do it. I have explained that it is a straightforward estate and simple to do myself and my sister can reserve power, have all the documentation etc. etc. but according to her daughter her mother does not want this. We are at a stalemate now as there is no point getting a solicitor involved and the extra cost entailed with that and an executor and attorney cannot do it together. Do I have to take steps to get her removed as Executor? Go ahead with the probate and hope she will renounce or sign the reserve power? I have a copy of the will, but getting my sister to release the original at the solicitors with me is also proving to be a problem.

Yorkshireman99

Mariella00 wrote: »

I am joint executor/beneficiary with my sister. I am willing to apply for probate and do all the executor duties, as I am already with death certificate, banks, funeral directors. The problem now is that my sister has vascular dementia and is in a care home and cannot do anything towards the executor duties. Her daughter tells us that her mother wants a solicitor to handle it because she cannot do it. I have explained that it is a straightforward estate and simple to do myself and my sister can reserve power, have all the documentation etc. etc. but according to her daughter her mother does not want this. We are at a stalemate now as there is no point getting a solicitor involved and the extra cost entailed with that and an executor and attorney cannot do it together. Do I have to take steps to get her removed as Executor? Go ahead with the probate and hope she will renounce or sign the reserve power? I have a copy of the will, but getting my sister to release the original at the solicitors with me is also proving to be a problem.

If an executor is unable to act then the can do so alone. The solicitor must release the will to you. The daughter has no say in the issue whatsoever even if she has POA. Just ask the solicitor for the will. If they refuse make a formal complaint.

TBagpuss

Out of interest, have you yourself spoken to your sister? It sounds as though your niece wants a solicitor involved, but if your sister is capable of expressing a viewpoint, could you visit her yourself and ask whether she agrees for you to apply with power reserved to her?

If your sister has lost capacity she wouldn't be able to instruct a solicitor.

I'd suggest that you contact your local probate registry for assistance, as your sister doesn't fit any of the obvious categories on the form for renouncing / having power reserved.