Problems with the executor

[Mrssp2015]

My grandad passed away in January. His wife (2nd marriage) was named as executor in his will. He was diagnosed with dementia in 2017 and she and her son were awarded power of attorney in May 2018 (we never saw any paperwork until recently) In June 2019 my grandad had a fall, he needed an op but sadly “died” 3 times and brought back so it was abandoned. He pulled through and remained bed bound until his death. Around 3 weeks before he died, his wife told my aunt (his youngest daughter) that he had left her £1000 in his will but she didn’t have the money. The money was there when the will was made and in the 7 months he was bedbound she bought a new sofa and a new boiler costing £2500 for a house she is only a tenant in and paid off her son’s (the power of attorney) considerable gambling debts. Since grandad has died she has not given my aunt a copy of the will and is making no attempt at getting the money. He cashed in his life insurance policies some years ago. We are at a loss of what to do as communication has broken down.*

[lawboy65]

You mention that your grandfather was diagnosed with dementia in 2017 but Lasting *Power of Attorney (LPA) *was not granted until 2018.* Once a person has lost mental capacity, they will not be able to appoint an LPA. If the person’s family or friends then want to be able to make decisions on their behalf, they would have needed *to apply for deputyship.
If an executor doesn’t follow the terms of a will, the first course of action is to contact the executor to highlight the issues of concern. (always make copies of any correspondence you send). This *letter can be relied on to demonstrate to the court that concerns were raised *and the executor was afforded an opportunity to remedy any problem. *This will also act as *evidence for a court or Probate Registry who have the power to appoint an independent administrator to deal with the estate.
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