Form PA12 - 1st Attorney

DJBenz

I'm administrating my dad's estate, it's very simple apart from the lack of will, a couple of bank accounts and the house. I'm filling in the form PA12 to apply for Power of Attorney (Intestate) and the section "I do hereby nominate constitute and appoint the following attorney(s)" is throwing me. 

Is that me? It makes sense that it is, but there's no guidance on the form to state who the 1st Attorney should be.

shiraz99

DJBenz said:

I'm administrating my dad's estate, it's very simple apart from the lack of will, a couple of bank accounts and the house. I'm filling in the form PA12 to apply for Power of Attorney (Intestate) and the section "I do hereby nominate constitute and appoint the following attorney(s)" is throwing me. 

Is that me? It makes sense that it is, but there's no guidance on the form to state who the 1st Attorney should be.

You only fill in form PA12 if you don't want to administer the estate and want to appoint others to do it on your behalf.

To be clear though the word "attorney" in the form doesn't mean it has the be a solicitor, it simply wants the name and details of the 1st person you are naming as having power of attorney.

DJBenz

shiraz99 said:

DJBenz said:

I'm administrating my dad's estate, it's very simple apart from the lack of will, a couple of bank accounts and the house. I'm filling in the form PA12 to apply for Power of Attorney (Intestate) and the section "I do hereby nominate constitute and appoint the following attorney(s)" is throwing me. 

Is that me? It makes sense that it is, but there's no guidance on the form to state who the 1st Attorney should be.

You only fill in form PA12 if you don't want to administer the estate and want to appoint others to do it on your behalf.

But I don't need probate, so I have to apply for letters of administration as I understand it?

shiraz99

DJBenz said:

shiraz99 said:

DJBenz said:

I'm administrating my dad's estate, it's very simple apart from the lack of will, a couple of bank accounts and the house. I'm filling in the form PA12 to apply for Power of Attorney (Intestate) and the section "I do hereby nominate constitute and appoint the following attorney(s)" is throwing me. 

Is that me? It makes sense that it is, but there's no guidance on the form to state who the 1st Attorney should be.

You only fill in form PA12 if you don't want to administer the estate and want to appoint others to do it on your behalf.

But I don't need probate, so I have to apply for letters of administration as I understand it?

Yes, and you do that online or using form PA1A.

RAS

Try here 

Do you have a death certificate - Apply for probate - GOV.UK (apply-for-probate.service.gov.uk)

DJBenz

shiraz99 said:

DJBenz said:

shiraz99 said:

DJBenz said:

I'm administrating my dad's estate, it's very simple apart from the lack of will, a couple of bank accounts and the house. I'm filling in the form PA12 to apply for Power of Attorney (Intestate) and the section "I do hereby nominate constitute and appoint the following attorney(s)" is throwing me. 

Is that me? It makes sense that it is, but there's no guidance on the form to state who the 1st Attorney should be.

You only fill in form PA12 if you don't want to administer the estate and want to appoint others to do it on your behalf.

But I don't need probate, so I have to apply for letters of administration as I understand it?

Yes, and you do that online or using form PA1A.

PA1A is applying for probate. I don't need probate.

shiraz99

If you don't need to apply for Letters of Administration then why are you even asking about power of attorney?

DJBenz

shiraz99 said:

If you don't need to apply for Letters of Administration then why are you even asking about power of attorney?

I do need letters of administration to administer the estate

I don't (think I) need probate, because it's a relatively simple estate.

Unless I'm getting myself confused with the process?

shiraz99

It's all part of the same process, you get Letters of Administration if there's no will and, a Grant of Probate if there is, but you still apply using the same method.

RAS

Did your father leave a will? Have you actually checked via his old bank, the Law Society etc?

If he left a will, the only people who can apply are the executors, and they apply for probate. Unless they are dead or renounce.

If he didn't leave a will, or the executors can't fulfil their function, then the closest living relatives can apply to administer the estate.

Same process essentially but the will or lack of determines who can apply.

Keep_pedalling

DJBenz said:

shiraz99 said:

If you don't need to apply for Letters of Administration then why are you even asking about power of attorney?

I do need letters of administration to administer the estate

I don't (think I) need probate, because it's a relatively simple estate.

Unless I'm getting myself confused with the process?

You are getting horribly confused. PA12 is only used if an executor or administrator want someone to act for then in applying for letters of administration or probate. The only difference between LoA and probate is the lack of presence of a will the process is the same for both just slightly different questions to answer.

If your father had made a will then you would need to apply for probate to handle his home but because there was no will you need letters of administration to do the same.

The new online process starts with the same online application for both which is where your confusion comes in. When you get to the fourth or fifth question you are asked if there was a will. The answer you give there will lead you to the correct path.

https://www.gov.uk/applying-for-probate/apply-for-probate

Hope that helps.