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Incapacitated executor - urgent advice appreciated
Hi guys
Just want a steer in the right direction, so any help is useful and even a recommendation for a good solicitor would be appreciated.
I live in Australia. My dad is an executor of a will in the UK. He has recently been diagnosed with early-stage dementia, but the reality is that it's progressing very quickly. He's not fit to make decisions for himself, let alone act as executor on a Will, which is becoming increasingly complicated due to the sudden death of his co-executor last year.
My mum is also sick and is worsening because of the stress of the unfolding situation.
My dad has been working on this will for 2 years. We understood that the prolonged process was due to complications in the will. There are some complications, which my mum, brother and I are aware of, but it's become evident that they have been exacerbated by my dad's declining mental state. He's forgetting things, losing correspondence, contradicting himself, etc.
Recent information provided by one of the recipients in the will (the family of the deceased co-executor, who was herself in the will and left no will of her own), has just complicated matters further and it's basically becoming way too complicated and stressful for my dad to handle. I'd even go so far as to say it's causing an immediate threat to his and my mum's welfare, given the stress it's causing, on top of the stress and confusion they're both already enduring generally, due to his deteriorating condition.
We're just trying to find out what the process is for him to renounce himself as executor legally. I've seen the Deed of Renunciation process, but it appears to not apply here as that process can only be followed if the executor hasn't intermeddled yet. He has worked extensively on the execution of the will.
Can someone clarify the process of renunciation for an incapacitated executor who has already acted extensively in the role?
Any tips would be very greatly appreciated.
Cheers.
Just want a steer in the right direction, so any help is useful and even a recommendation for a good solicitor would be appreciated.
I live in Australia. My dad is an executor of a will in the UK. He has recently been diagnosed with early-stage dementia, but the reality is that it's progressing very quickly. He's not fit to make decisions for himself, let alone act as executor on a Will, which is becoming increasingly complicated due to the sudden death of his co-executor last year.
My mum is also sick and is worsening because of the stress of the unfolding situation.
My dad has been working on this will for 2 years. We understood that the prolonged process was due to complications in the will. There are some complications, which my mum, brother and I are aware of, but it's become evident that they have been exacerbated by my dad's declining mental state. He's forgetting things, losing correspondence, contradicting himself, etc.
Recent information provided by one of the recipients in the will (the family of the deceased co-executor, who was herself in the will and left no will of her own), has just complicated matters further and it's basically becoming way too complicated and stressful for my dad to handle. I'd even go so far as to say it's causing an immediate threat to his and my mum's welfare, given the stress it's causing, on top of the stress and confusion they're both already enduring generally, due to his deteriorating condition.
We're just trying to find out what the process is for him to renounce himself as executor legally. I've seen the Deed of Renunciation process, but it appears to not apply here as that process can only be followed if the executor hasn't intermeddled yet. He has worked extensively on the execution of the will.
Can someone clarify the process of renunciation for an incapacitated executor who has already acted extensively in the role?
Any tips would be very greatly appreciated.
Cheers.
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