Probate - Executor Mental Health Problem

MrsC.

Hi

I am hoping that somebody may be able to offer me some advice.

I am the middle of three sisters, we are all in our 50's. Our mother recently passed away leaving the three of us as the executors of her will.

The oldest sister has very severe mental health problems, she is a diagnosed paranoid schizophrenic with personality disorders. She is currently particularly unwell and has recently been sectioned under the mental health act. She is presently residing back at her home.

This sister has decided that we, my younger sister and I, are trying to cheat her out of her third of the estate. We are not and wouldn't dream of it.
She has decided that she will not sign the form for probate (?) and so of course we cannot start to wrap up our late parents affairs. This leaves us in a very tricky position, not least because there is a business to sell, as well as a residential property.

We have explained to her in every way possible that we would not cheat her, that we cannot cheat her, even if we wanted to. That she is also an executor and will make all decisions with us, have equal rights to know any financial dealings, etc. etc.

Help! Please :cool:

Mojisola

MrsC. wrote: »

I am the middle of three sisters, we are all in our 50's. Our mother recently passed away leaving the three of us as the executors of her will.

The oldest sister has very severe mental health problems, she is a diagnosed paranoid schizophrenic with personality disorders. She is currently particularly unwell and has recently been sectioned under the mental health act. She is currently residing back at her home.

She has decided that she will not sign the form for probate

I would get advice from a solicitor - if she isn't deemed capable of managing her own affairs because of her health problems, she couldn't become an executor anyway.

Keep_pedalling

If she has been sectioned then she does not have the capacity to act as an executor, and the remaining executors can apply, stating reason F on PA1 for the executor who does not have the capacity. You will need to accompany this with form PA14 medical certificate, which will needed to be completed by her doctor.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/726000/pa14-eng.pdf

MrsC.

Thank you both for your speedy responses, most grateful.

Do we have the legal right to ask her GP to complete form PA14? I was thinking patient confidentiality, etc.


Thanks again.

kazwookie

Going forwards, who will look after your sister affairs, if she doesn't have the mental capacity to look after herself?

Does she have a care worker or similar? maybe this person needs to have a conversation with her about LPA.

Sorry for your loss.

MrsC.

She looks after her own affairs, in a fashion. She is always deeply in debt and recently had to sell her home to enable her to keep bankruptcy from her door. She bought a tiny chalet on a holiday park but is already in trouble for not paying her bills.

She refuses all help, medical, personal, financial and only went into hospital again because she was threatening people with a knife and was arrested.

Getting any form of help at all for her is a nightmare.

pip895

It seems rather a shame that your Mum included her as an executor given her mental health issues. This may be a case when paying for a solicitor to act as executor might be worthwhile.. Might she agree to that? If she would, it could be quicker and less divisive.

Flugelhorn

MrsC. wrote: »

Thank you both for your speedy responses, most grateful.

Do we have the legal right to ask her GP to complete form PA14? I was thinking patient confidentiality, etc.


Thanks again.

Could only be done with her consent - if she is living independently then she likely has capacity to consent to this

ETA - thinking about this, if she can consent that then she is able to renounce the executorship.. which she won't, so going round in circles.

The problem with the PA14 is that in the absence of LPOA etc then the GP can only act in the patient's best interests and may not be in a position to know if this is the case

onwards&upwards

Flugelhorn wrote: »

Could only be done with her consent - if she is living independently then she likely has capacity to consent to this

ETA - thinking about this, if she can consent that then she is able to renounce the executorship.. which she won't, so going round in circles.

The problem with the PA14 is that in the absence of LPOA etc then the GP can only act in the patient's best interests and may not be in a position to know if this is the case

The medical staff at the facility where she is currently being cared for under the section might be a better option as they are currently restricting her liberty precisely due to her not having capacity so will surely decide it’s not in her best interests to act as an executor!

Keep_pedalling

onwards&upwards wrote: »

The medical staff at the facility where she is currently being cared for under the section might be a better option as they are currently restricting her liberty precisely due to her not having capacity so will surely decide it’s not in her best interests to act as an executor!

That would be my first port if call. Someone who has been sectioned clearly does not have the capacity to make rational decisions.

The only other option is to have her removed as an executor by the courts.

Flugelhorn

is she still under section if living at home? (possibly if on CTO) I agree if she is under section at the time then the psychiatrist would be the best person to sign the form