Executor

rosewalk

My mother in law died in September 2022 and her executor was her eldest son. He lives abroad and his partner is very unwell. He hasn't taken any steps re probate and his younger brother remains living in the property but wants to move to another part of the UK where he has family. In order to do this he needs to sell the home. My partner who is the middle brother is considering either taking over the role of executor or completing the paperwork for his eldest brother and getting him to sign off on this. Which would be the best approach to take? We do not have a copy of the will but know it's contents. The only asset is a house worth about £400K.  

Keep_pedalling

The best option would be for the executor to give your husband power of attorney to apply for probate on his behalf. He will need to obtain the original will which needs to be sent with the application.

msb1234

Appoint someone to apply on your behalf

You can appoint someone to apply for you if either:

• you’re the only executor named in the will
• there are other executors named in the will, but all of them are either holding ‘power reserved’ or have given up their right to apply permanently

Fill in form PA11 to appoint someone to apply for you.

Alternatively, you can appoint an attorney to apply for you using a signed enduring power of attorney (EPA) or a registered lasting power of attorney (LPA).

https://www.gov.uk/applying-for-probate/if-theres-a-will

Your brother in law can appoint someone else by completing form PA11. I wouldn’t go down the POA route as currently it’s taking months to apply for this.

Keep_pedalling

msb1234 said:

Appoint someone to apply on your behalf

You can appoint someone to apply for you if either:

• you’re the only executor named in the will
• there are other executors named in the will, but all of them are either holding ‘power reserved’ or have given up their right to apply permanently

Fill in form PA11 to appoint someone to apply for you.

Alternatively, you can appoint an attorney to apply for you using a signed enduring power of attorney (EPA) or a registered lasting power of attorney (LPA).

https://www.gov.uk/applying-for-probate/if-theres-a-will

Your brother in law can appoint someone else by completing form PA11. I wouldn’t go down the POA route as currently it’s taking months to apply for this.

PA11 does provide POA, for the sole purpose of administering the estate, but I agree it is the most appropriate way to proceed.