A POA and Executor of a Will is diagnosed with Dementia

[SJCampbell]

Can anyone tell me if the Executorship of a Will is auto-removed If that Executor is diagnosed with Dementia? Or if I with POA of my mum who is the Executor in question, can replace her?

My mum shares the role of Executor to her Auntie's Will along with one other person but was diagnosed with Dementia just over a year ago. Mum's Auntie then died a few months back and so it is falling on the other Executor to apply for Probate. The law firm that has the original will has told that Executor that they cannot pass on the only original Will (needed for Probate) unless my mum agrees. I have POA for my mum so the other Executor has suggested I relinquish my mums responsibility to the Will to enable the Lawyer holding the Will to send her the original needed to submit the Probate application. Both are 50% beneficiaries to the Will.

And later, both Executors are required in court when the Probate goes through to stand and confirm their identity.

We are not sure if my mum will be capable of doing that by then. Can I do that for her?

Thanking whoever replies in advance!
SJCampbell

 

[Jessbow]

No I dont think you can. Even if you are named as an executor, you are not obliged to act, just step her down.

 

[northumbrian_k]

Hi @SJCampbell and welcome to Dementia Talking Point. I am not able to give you any guidance about your specific issue, not having had this experience. However, if your Mum is not capable of acting as Executor you may be able to relinquish this.

 

[nitram]

A diagnosis of dementia does not mean that your mum does not have sufficient capacity to understand the effects of her formally revoking executorship

Give up probate executor rights: Form PA15

Executors can use this form to give up their legal responsibility and role permanently (also known as ‘renunciation’) to apply for probate.

www.gov.uk

Do you think she has this capacity even if she does not have capacity to act as executor?

Failing that ask

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1075231/PA4SOT_citizen_0522.pdf

if you can sign as POA

 

[SJCampbell]

Can anyone tell me if the Executorship of a Will is auto-removed If that Executor is diagnosed with Dementia? Or if I with POA of my mum who is the Executor in question, can replace her?

My mum shares the role of Executor to her Auntie's Will along with one other person but was diagnosed with Dementia just over a year ago. Mum's Auntie then died a few months back and so it is falling on the other Executor to apply for Probate. The law firm that has the original will has told that Executor that they cannot pass on the only original Will (needed for Probate) unless my mum agrees. I have POA for my mum so the other Executor has suggested I relinquish my mums responsibility to the Will to enable the Lawyer holding the Will to send her the original needed to submit the Probate application. Both are 50% beneficiaries to the Will.

And later, both Executors are required in court when the Probate goes through to stand and confirm their identity.

We are not sure if my mum will be capable of doing that by then. Can I do that for her?

Thanking whoever replies in advance!
SJCampbell

I am replying to my own post, having finally got through to Probate there is indeed a form I can to complete in this situation to act on my mums behalf, it was sent directly to me and will be returned to them completed together with the Probate forms.

 

[SJCampbell]

T

Hi @SJCampbell and welcome to Dementia Talking Point. I am not able to give you any guidance about your specific issue, not having had this experience. However, if your Mum is not capable of acting as Executor you may be able to relinquish this.

Thank you. It would be too stressful for her.
But I finally managed to speak to Probate today and discovered there is a form that can be completed by me as mums POA that, upon qualification, will allow me to take on her duties as Executor and represent her in court. It was very simple to complete and I have had it witnessed and sent to the other Executor already!! Before I wrote this on the Forum I had looked everywhere for straight forward info - def worth persevering the Probate Landlin 0300 303 0648 and speaking to a real person!

And this time I got the right person straight away! Am so relieved!

I can't post the form link here as I haven't had 10 posts on the subject yet. But go to Gov.UK and search for Probate Form PA11

 

[canary]

So pleased you have got that sorted out.
One less thing to worry about
xx

 

[MartinWL]

I had a recent experience over this. Two executors were named in the will, and a substitute. I decided that my dad was incapable of being executor and so the substitute was appointed, not by me, but by the will. The Probate Registry asked for a doctor to certify that my father had lost capacity as defined in the Mental Capacity Act 2005. I eventually got that done even though the will didn't specify that to be necessary.

Dementia isn't the criterion here, it is more about capacity. I had not heard of an attorney representing an executor before but as you have found a way to do it you can declare your mum as "power reserved" which means she could intervene if she wanted to but otherwise is leaving it all to the other executor.

 

[Shedrech]

hello @SJCampbell
a warm welcome to DTP
good to read that the Probate line was helpful

I think this is the doc

Apply for power of attorney (will): Form PA11

The executor or beneficiary can use this form to apply to appoint a person to act as their representative.

www.gov.uk

 

[DreamsAreReal]

Before I wrote this on the Forum I had looked everywhere for straight forward info - def worth persevering the Probate Landlin 0300 303 0648 and speaking to a real person!

And this time I got the right person straight away! Am so relieved!

I can't post the form link here as I haven't had 10 posts on the subject yet. But go to Gov.UK and search for Probate Form PA11

@SJCampbell Well done finding that number! Best of luck with it all.

Does anybody know if there’s a similar helpline for Confirmation in Scotland? Googling for various terms like “step by step guide to confirmation” or “DIY Confirmation Scotland” brings up nothing but web sites for Solicitors and other businesses offering to help for a fee, costing hundreds and in some cases, thousands of pounds! I have the HMRC C1 form and also C3 which is supposedly the notes on how to fill C1 in, but the archaic Scottish legalese has me stumped. At least I’ve learned what an eik is though. Yay me.

 

[nitram]

Does anybody know if there’s a similar helpline for Confirmation in Scotland?

Start at
https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased's-estate-in-scotland .

 

[DreamsAreReal]

Start at
https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased's-estate-in-scotland .

Thank you @nitram There’s plenty of good information there, but I was thinking if there was a helpline available, it would be beneficial to be able to ask questions.

You have to make an inventory of the deceased’s property (amongst other things), but they expect it to be worded in a particular way or the form is rejected. The Sheriff’s Court clerk will help you fill it in if the estate’s worth less than £36k, but over that they just advise you to get a Solicitor. It would be straightforward enough if it was in plain English, or maybe I’m just dafter than I thought.