Can someone with Power of Attorney over an Executor become the Executor?

[Brownstone]

My Grandmother died last year, and her will named 2 executors, one of which has passed away, and the other remaining is my Auntie. She had a mental issue a couple of years ago and has little to no mental capacity, so her son has a lasting power of attorney over her affairs. She is not mentally able to perform her duties as Executor, and her son tells us he has applied to be Executor of my Grandmother's will and is just waiting for the paperwork to come through.

Is this possible?

Many thanks in advance...

[des8]

Condolences on your loss.

All would seem to be in order .
As your aunt made a Lasting Power of Attorney, the attorney can apply for a grant from the Probate Registry on behalf of her.

Do you have concerns about the attorney?

[Brownstone]

Condolences on your loss.

All would seem to be in order .
As your aunt made a Lasting Power of Attorney, the attorney can apply for a grant from the Probate Registry on behalf of her.

Do you have concerns about the attorney?

Hi Des,

Thanks for your reply, sorry it took so long for me to notice it.

Yes, we have concerns about her attorney. I failed to mention that my Auntie lived with my Grandmother, and still lives in that house. My cousin sold her house to his friend, as it was unsuitable for her mobility issues. He now has her living in my Grandmother's house, and all the bills are continuing to come out of her "estate".

We're wondering what he going to try to hide from the rest of the benefactors. Can we demand to see an account of the estate? And is there any way he can hide things from us? One of the family members saw a bank statement with £300 per day drawn from the account for pages and pages. So that doesn't sound good.

We're just scared of the significant cost of applying to have the executor substituted.


Many thanks,

Carl...

[des8]

As you have concerns about the use of the LPA, you should report them to the Office of Public Guardian (https://www.google.com/search?client...5j0j7&ie=UTF-8)

Have you a copy of the will?
Do you know if you or someone else is the residuary beneficiary?
The residuary beneficiaries are in the best position for requesting estate accounts.

[Brownstone]

As you have concerns about the use of the LPA, you should report them to the Office of Public Guardian (https://www.google.com/search?client...5j0j7&ie=UTF-8)

Have you a copy of the will?
Do you know if you or someone else is the residuary beneficiary?
The residuary beneficiaries are in the best position for requesting estate accounts.

Hi Des,

Again, apologies for the delay in responding.

We do have a copy of the will, and my father and uncle are named as beneficiaries, as are all of my Grandmother's Grandchildren.

We will look into the Office of Public Guardian, thanks for the link...

[Brownstone]

As you have concerns about the use of the LPA, you should report them to the Office of Public Guardian (https://www.google.com/search?client...5j0j7&ie=UTF-8).

I've just noticed your link isn't quite right ;-)

[des8]

So what's wrong with Sussex Pond Pudding, I'd like to know?

Sorry, try this: https://www.gov.uk/report-concern-ab...eputy-guardian

[Brownstone]

So what's wrong with Sussex Pond Pudding, I'd like to know?

Sorry, try this: https://www.gov.uk/report-concern-ab...eputy-guardian

I've never had it before, but am definitely going to try making one now!