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Help re incapacity of sole executor

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  • Help re incapacity of sole executor

    Hi all
    New to the forum and hope someone can help please.

    My Dad is sole executor for my Aunt, but he has Alzheimers so is unable to act. I have a PR14 Medical certificate form completed by his GP confirming he lacks capacity to act.

    We do not have Power of Attorney nor Court of Protection for my Dad.

    My Aunt died a couple of months ago. The Estate will need to go to probate as there is a house.

    I was told verbally and then in writing by the Probate Registry that they just require the PA1P probate application and the PA14 and then the sole beneficiary of my Aunt's will can be the administrator, so she will get Letters of administration with will annexed. Is this correct?

    Today Ive heard that before this administration can happen, we would need to go to the Court of Protection. So now Im a little confused.

    Can someone please guide me with regards to the actual process please?
    Tags: None

  • #2
    My understanding is that if there is already a Court of Protection Deputy they would/could apply for Probate but if not the procedure is as explained to you by probate registry.

    As they have confirmed it to you in writing I would just do as they say. You could include a copy of their letter with the PA1P for information if you like.
    Last edited by PallasAthena; 2nd August 2025, 07:07:AM.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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    • #3
      Thank you Pallasathena, I did wonder about doing that, its worth a try!

      Comment

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