Probate granted, one executor dies and the other lacks mental capacity

[Izzy75]

My dad is co-executor of an estate (and also a beneficiary). It was in the process of being administrated (probate was granted) when the other executor died. My dad has now been diagnosed with dementia and has been formally deemed incapable of administering the estate. I have LPA for him and am unsure as to the next steps.

I'd like to get my dad's executorship revoked and get another executor appointed. I spoke to the Court of Protection who directed me to the Probate Office who suggested a double grant of probate was required. I have heard conflicting advice on this since. There are some minor complications regarding expenses claims on the estate by both executors, so it's going to need someone who knows what they're doing to run the rule over it.

Any thoughts on the best way forward from here would be warmly welcomed

[Pezza54]

You need to make enquiries to find out if the deceased executor left a will and if so, who was the named executor in the will. If there is one you need to speak to that person about a double grant of probate. If there isn't a will you should try to contact the person who is being put forward for the grant of letters of administration

[Pezza54]

Your father cannot renounce his executor duties as he started to administer the estate. You need to write to the Probate Registry on behalf of your father, enclose your LPA certificate and reserve his executor powers.
You need to let the deceased executor's personal representative know that your father has become incapable of continuing as executor and that a replacement executor has to be appointed.
By the Chain of Representation the deceased executor's p,r. can apply to revoke the grant of probate and be appointed as the new executor, effectively undertaking admin duties for two wills.
If he or she does not want to take on this extra work, the beneficiaries, including yourself on behalf of your father, should discuss and decide on a new executor

[Izzy75]

Thank you Pezza54, that's really useful. So to clarify, the other executor (also a beneficiary) didn't leave a will, so the administrator of their estate has the option of assuming the role of executor here, before it is passed to the other beneficiaries to decide on a new executor?

[Pezza54]

Yes an administrator appointed by the letters of administration has the same rights and responsibilities as an executor appointed by a will
If the administrator is a lay person and not a solicitor being paid, as a beneficiary I would be concerned that the administrator could cope dealing with 2 wills at the same time.