Renunciation

Yorkshireman99

Keep_pedalling wrote: »

You should definitely get her to do a LPA, should could also give you powers to act for her in regard to your fathers estate with a separate POA.

The latter is not AFAIK possible. Executors must act in person.

Robin9

I presume your mother could decline to be executor at any time.

Is there a procedure whereby you can legally be made executor in advance of your father's death - even if he does not want it ?

Yorkshireman99

Robin9 wrote: »

I presume your mother could decline to be executor at any time.

Is there a procedure whereby you can legally be made executor in advance of your father's death - even if he does not want it ?

No. A will has no legal force until the moment the testator dies.

Keep_pedalling

Yorkshireman99 wrote: »

The latter is not AFAIK possible. Executors must act in person.

If you look at section 3.7 of the PA1 form, reason E for not applying is that:-

Power of attorney: they will appoint another person to act as their
attorney to take a Grant of Representation on their behalf.

Yorkshireman99

Keep_pedalling wrote: »

If you look at section 3.7 of the PA1 form, reason E for not applying is that:-

Power of attorney: they will appoint another person to act as their
attorney to take a Grant of Representation on their behalf.

Noted but that a LPOA does not allow it.

Keep_pedalling

Yorkshireman99 wrote: »

Noted but that a LPOA does not allow it.

Correct, which is why I suggested getting a separate POA for that specific purpose. It can’t be done in advance though.

Yorkshireman99

Keep_pedalling wrote: »

Correct, which is why I suggested getting a separate POA for that specific purpose. It can’t be done in advance though.

Thank you. I see what you are getting at. It still seems messy to me. I can.t see any advantage of this over plain renunciation when the time comes or have missed something?

laroc

Rich2808:-I found this renunciation form online - presumably she can just complete and sign this with me named as the other (substitute) executor and submit this to our local probate registry and then I can act as executor?

You say "with me named as the other executor" I have the renunciation form, but nowhere does it mention naming a replacement executor.
So whats the procedure for nominating another executor ?
How is this achieved, this has got me stumped ?

Rich2808

laroc wrote: »

Rich2808:-I found this renunciation form online - presumably she can just complete and sign this with me named as the other (substitute) executor and submit this to our local probate registry and then I can act as executor?

You say "with me named as the other executor" I have the renunciation form, but nowhere does it mention naming a replacement executor.
So whats the procedure for nominating another executor ?
How is this achieved, this has got me stumped ?

I am in a slightly different situation as the will names my mother as executor but if she declines or is unable or fails to act then I become the executor. So I am named in the will as a substitute - if she renounces.

Its obviously different in your case if there is no other named executor bar your mother. In that case if she renounced another beneficiary could take over - if there is no other beneficiary then it gets more complicated.

laroc

Rich2808

Thanks very much, that make sense now