Applying for Grant of probate

lisyloo

I am deputy under the court of protection for my MIL who is still alive (91).
Her executor (her husband) has predeceased her.
Her son (my husband) and her daughter are beneficiaries.

I understand my deputyship ends when she dies, but I’ve sold her house so I’ve done all the “heavy lifting” so far and know where every penny is.
Son is self employed so would lose pay if he takes time off (for example for probate interview).
Daughter hates paperwork.

Can I apply for grant of probate (letters of administration) when she dies assuming son/daughter agree I am best placed in practical terms to carry out the role?

I’ve googled and it’s not totally clear whether there would be any issue if someone who is not a beneficiary applies.

I know I’m planning ahead.

The fact is that the simple practicalities of going to the post office or attending an interview are far easier for me than my husband.

Keep_pedalling

If all of the named Executors have died before the deceased then the Non-Contentious Probate Rules 1987 must be followed. In these cases it is most likely that the beneficiary or beneficiaries who are receiving the largest sum of the Estate in the Will would have the right to deal with the Estate.

Your husband could take on the role and then make you his POA to act for him.

lisyloo

Thank you. I have an EPA for him taken out before they stopped being free courtesy of MSE.

Keep_pedalling

lisyloo wrote: »

Thank you. I have an EPA for him taken out before they stopped being free courtesy of MSE.

You can’t use an EPA for this purpose, he will need to make an ordinary POA specifically for this task.

lisyloo

Ok, why is this the case?
On form PA1P it says

5.6 Has a person on whose behalf you are applying appointed an attorney under an Enduring Power of Attorney (EPA) or a Property and Financial Affairs Lasting Power of Attorney (LPA)?
Yes, please provide the original EPA/LPA (or a solicitor’s certified copy of it certified on every page.) with your application

Thanks for your help

Keep_pedalling

I stand corrected, I did not think you could use an unregistered EPA for this, but it looks like you can.

lisyloo

Thank you.

If/when the money gets a lot lower (care fees are being paid) I might look at splitting the cash (although we still might need a grant due to pre-deceased executor).
I’m aware that it would only take a single bank or insurer to demand it for it to be necessary so it’s not worth splitting at the moment as too many accounts would be required (I’m not concerned about FSCS as it’s with NS&I).

badger09

lisyloo wrote: »

I am deputy under the court of protection for my MIL who is still alive (91).
Her executor (her husband) has predeceased her.
Her son (my husband) and her daughter are beneficiaries.

I understand my deputyship ends when she dies, but I’ve sold her house so I’ve done all the “heavy lifting” so far and know where every penny is.
Son is self employed so would lose pay if he takes time off (for example for probate interview).
Daughter hates paperwork.

Can I apply for grant of probate (letters of administration) when she dies assuming son/daughter agree I am best placed in practical terms to carry out the role?

I’ve googled and it’s not totally clear whether there would be any issue if someone who is not a beneficiary applies.

I know I’m planning ahead.

The fact is that the simple practicalities of going to the post office or attending an interview are far easier for me than my husband.

Its not completely clear whether this has come into effect, but Government have changed legislation so that swearing of Oath (at Probate Registry or local solicitor) is no longer necessary.

https://www.fraserandfraser.co.uk/government-causes-yet-more-legislative-confusion/

This is so the whole process can be done online. I've no idea how much of this you would be able to do on your husbands behalf, but it might not be necessary to use the EPA:cool:.

lisyloo

Thank you so much.
I try to google things myself but sometimes it’s out of date or just wrong.

I did have a try with the government site and in our case (executor deceased) it said it could not be done online and we’d need to fill out the paper form (which isn't a big issue).

We’ll deal with it when it happens but I feel much better prepared now so I can worry about this less at the time.