Power of Attorney

Newuser1987

Sadly my grandfather passed away recently.

In his will I am named his sole beneficiary. His neighbours were used as witnesses and they have also been put down as executors. The problem is they did not realise what was required being named as executors and they dont have time or knowledge to do this. They have asked if I could do whats required.

The estate is relatively small. Money in the bank is below probate threshold and his property is valued around £140k. So below IHT threshold. My question is whether it is okay for myself to be named as Power of Attorney using the PA11 form if signed by the executors. They are happy to sign what is required. There is no risk of the will being disputed so hopefully things should be relatively straight forward. I just want to ensure the PA11 form would be best and as a beneficiary I can be named as the PoA?

Thanks!

MD_1992

POA are for living people, they end on death.
Or do you mean that you are applying to be POA for your neighbour(s)?

Keep_pedalling

Yes, one of them can complete PA 11 so you can act for them as an executor of the will. The other can either do the same or renounce their powers as executor.

Bossyboots

I was going to suggest you ask them to renounce their powers so that you can apply for probate instead.  That would seem far more appropriate.

Newuser1987

Ah okay. I thought that way would have been more complicated. So is it okay to just fill in the PA15 form for each executor and then apply for probate myself as sole beneficiary? Or do we require a deed of renunciation in addition to the PA15 form?

Martin_the_Unjust

To be honest you could probably just complete the relevant paperwork for them and just show them where to sign it.

Unless there is any likelihood of someone challenging the will.

Newuser1987

That’s confused me even more now 😂.
they did say they are happy to sign whatever is required. I think it may be better to renounce them just in case they move etc before the property is sold?

Tizzmee

I have LPA of my mothers finances and the office of the public guardian have accessed the account and sent me a statement without my permission. Do they have power to do this?

Malthusian

Tizzmee said:

I have LPA of my mothers finances and the office of the public guardian have accessed the account and sent me a statement without my permission. Do they have power to do this?

You would be better off starting a new thread. When you do, it would help if you specified what account you are talking about. The answer to your question is essentially yes (the OPG ultimately has power over the affairs of anyone who can't manage their own), I'm just not clear on why they would have bothered.

Tizzmee

Thanks . It’s my first post. Not sure how to start a new thread. Essentially a family member has filed a malicious complaint and the OPG has sent me a statement from my mothers bank account going back 5 years with questions on how the finances were managed.

Malthusian

Then the OPG is doing its job.

There should be a fuschia "New Post" button somewhere in the top left of the main forum.