Probate when acting a substitute executor

crispy77

Hi All,

I'm currently acting as a subtitute executor for my nans will, in place of my Dad who is mentally incapacitated. I am named in the will as the substitute but it was mentioned by a solicitor than we would need to fill out a renunciation form prior to probate. Is this correct? Wouldn't my dad renouncing his position also remove the substitute?

Also, assuming the above form is not necessary do we even need to mention my dad in the probate application?

Thanks

Brie

I don't know the answer to your question but how can your dad renounce his position if he is mentally incapacitated?  Unless you or someone can do it on his behalf because they have PoA?

Brie

Does the comment from Rodders in this thread help at all?  

Cannot move money at Hargreaves Lansdown after death — MoneySavingExpert Forum

Bobziz

The probate form asks about all executors named in the Will and why any might not be applying. One of the options is that the executor lacks mental capacity. In this instance, as per @Brie link above, you will need to get a medical practitioner to fill in form PA14 and unfortunately this means you will need to apply by post rather than online.

Keep_pedalling

Do not employ that solicitor, that is cobblers.