Applying for probate with form PA15 Renunciation

PuzzleGeek

Hello,

I would be grateful if anyone could help explain when we need to do given the following:

• An elderly relative has recently died
• The sole executor is very elderly and does not want to be the executor. My husband and I have been managing everything so far (funeral etc, paying for things), but we now need to apply for probate.
• The elderly named executor has completed form PA15, but we have no idea what to do with the signed and witnessed form.
• My husband and I (son of the elderly named executor) will be taking over as executors.

Where do we send the form PA15?

Do we send this form PA15 off first before applying for probate?

Do we have to apply for probate by post, or can we do this online?

How do we let the probate office know who the next executors are?

I have tried to look at the guidance offered by .GOV.UK, but it only says 'complete form PA15 and give it to the new executor', but then does not say what the new executor is supposed to do with the form.

Many thanks for any help,

PG.

RAS

Firstly, no one is allowed to take over as executors. The executor who renounces has no such power.

If the appointed executor renounces, then those sorting out the estate will be administering it (with will).

Is the son a residuary beneficiary? If not, is he a named beneficiary?

Does the son have any siblings? Who are named as residuary beneficiaries, or just beneficiaries (relationship to deceased not names)?

PuzzleGeek

The person who died is the brother. The solo named executor, and sole beneficiary, is the sister.

Sister has completed form PA15 to renounce their position as executor. We (husband and I) will be taking over as administrators (thanks for clarifying we will be admins not executors).

My husband is an only child and does not inherit anything. His Mum is the only beneficiary.

Thanks for helping and taking the time to post.

RAS

It may be much easier for the executor to remain in post and simply let her son do the donkey work. All she'd do is sign the form.

Or has the executor already granted power of attorney to her son?

PuzzleGeek

I am trying not to give away too much personal info, but I will try to explain.

There is no way she can be executor, we do not yet have POA, but we need it. She is also uncooperative at times, for example refusing to meet the estate agent to value the house so we had to keep cancelling the appointment until we could persuade her to meet them. She will not sign things etc. it has taken us over two months to sort the funeral and even get to the probate stage. It has been a nightmare.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82023795#Comment_82023795

You don’t actually need an LPA in place to act as attorney for an executor this can be done with form PA11 which appoints someone as attorney for the purposes of administering the estate only.

https://assets.publishing.service.gov.uk/media/62835fa1e90e071f62029bb7/PA11_0522_save.pdf

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82023810#Comment_82023810

Agree, the elderly relative should never have renounced.

PA11 ( attorney for executor) definitely would have been the preferred way to go.

However, if the mother remains intransigent , there is the alternative approach of the son applying for letters of administration with will annexed via form PA1P.

https://assets.publishing.service.gov.uk/media/67b6f6ab78dd6cacb71c6a3e/PA1P_0124_citizen.pdf

The PA1P would in any event be required even if the PA11 attorney route were followed - (see reason E page 12 on the form ).

Therefore that form together with the exsisting PA15 can be used to install the son as executor ( see reason D on page 12 of the form). This might be the line of least resistance in the current circumstance, and get to the end result without further input from mother,

PuzzleGeek

https://forums.moneysavingexpert.com/discussion/comment/82023857#Comment_82023857

Thank you for your help. I have been looking into this now with your suggestions and it does seem that form PA1P along with form PA15 is what we will have to do.

I know two people have suggested she should not renounce, but this is not possible. We are dealing with serious mental health issues which have spiralled after the death of her brother combined with fragility of an elderly lady. Believe me we would rather not have to deal with all of this, but it is as it is. We cannot mange the estate with her increasing erratic behaviour as well as managing her care.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82024052#Comment_82024052

In passing, will inheriting her brother's estate substantially enlarge the mother's own estate with detrimental IHT consequences when she eventually passes?

PuzzleGeek

https://forums.moneysavingexpert.com/discussion/comment/82024248#Comment_82024248

Possibly, but the reality is that we are looking at a care situation and so probably everything, her inheritance and also her own estate, will probably be all used up on care costs.

I managed to complete the PA1P form today to go with the signed PA15 form, just need to drive out to the post office tomorrow to post everything off, so thanks again.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82024551#Comment_82024551

Well done, that was quick!