Solicitor won't release a will

[th58]

My aunt sadly died last month. I am one of the three executors for her will - along with my elderly parents. I hold power of attorney for both my parents. My father has dementia - although I believe he still has capacity to make decisions. My parents would like to renounce their role as executors - and have both signed form PA15. I would be happy to be the sole executor. The solicitor who holds my aunt's will is, I believe, being difficult about releasing the will to us.

Question 1: He wants all three of us either to drive to his office (90 minutes by car) to show our identity documents - or for him to visit us at my parents' home - for which he will charge a fee. Can he insist on this - or can I get our identification verified elsewhere and send this verification to him?

Question 2: He also says he needs to see my father to make an assessment about whether he has capacity to renounce his role as executor (even though he knows I hold LPA for both my parents). He says he will withhold the will if he deems my father does not have capacity. Is he correct that he can withhold the will until he has assessed whether my father has capacity - and is it his role to assess my father's capacity?

Question 3: The solicitor says if my father does not have capacity, then he will need me to get a Court of Protection Order before he can release the will. Is this correct, even though I hold LPA?

Many thanks.

[dslippy]

The LPA should not affect any decision about the will. It does not affect your position in the process. You cannot, I believe, use the LPA for an executorship.

Your father's dementia matters / is measured as to the decision to renounce the executorship.
Talk to him about the possibility of seeing a local solicitor to verify your ID(s).

I am not clear that he can or should refuse to release the will. Ask him what makes him the decision maker.

You have only to read this forum for a couplw of weeks to see what happens when such checks are not carried out.

[th58]

The LPA should not affect any decision about the will. It does not affect your position in the process. You cannot, I believe, use the LPA for an executorship.

Your father's dementia matters / is measured as to the decision to renounce the executorship.
Talk to him about the possibility of seeing a local solicitor to verify your ID(s).

I am not clear that he can or should refuse to release the will. Ask him what makes him the decision maker.

You have only to read this forum for a couplw of weeks to see what happens when such checks are not carried out.

Many thanks for your reply. That's helpful.

In terms of using the LPA, I'm not proposing to use the LPA to carry out the executorship - at this stage I am simply wanting to request the release of the will from the solicitor who holds it. Can the LPA help me in that request (on behalf of my father) to the solicitor?

[Sam101]

Ask the solicitor in question what authority he has to withhold the Will. Proving identity can, if necessary, be dealt with at a local solicitors office for a minimal fee, but it seems that the solicitor in question is going well beyond his duty unless he has signed authority to do so. If he does not seem helpful, you may wish to mention that you are reluctant to make a formal complaint to the Solicitors Regulation Authority. He would not wish that to happen.

[JJW]

TH58

Are the LPA’s for your parents activated yet, as you said your father is still has his mental capabilities?