Deputyship problem

Discussion in 'Welcome and how to use Talking Point' started by Ducky601, Jul 25, 2018.

  1. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    98
    Hi, I’ll keep it as short as possible.
    My FIL died suddenly June 2107. His wife has no capacity with Alzheimer’s & is in a care home.

    There are 3 siblings, all Executors - big problems with sister dragging feet over the Estate & eventually her brother was forced to take legal action to get things moving. Eventually a firm of independent Solicitors who specialise in contentious probate were engaged to act. The Estate side of things is progressing.

    However, The Solicitors were also engaged on the understanding that ‘they’ would also act as ‘Financial Deputy’ for my MIL as she will inherit. It is imperative that this Deputyship is in place for when the Estate is administered. It is a complex/large-ish Estate. However, my sister-in-law has now (for the time being) ‘changed her mind’ about the Solicitors acting as Financial Deputy. As things are currently, it’s a 2 week waiting game and if she defintely objects to the Solicitors being Financial Deputy then they will not do anything and step out. Direct communication with the sister is not possible any more.

    My own thoughts are that her brother, (my husband) applies to be the Deputy. The sister has already said that she will ‘object’ if my husband or the other brother applies - no doubt it may prove the only way forward as that way the CoP would instruct someone independently to act as my MILs Deputy.

    If anyone has any advice, I’d be extremely grateful because all my husband wants is things for things to be put properly in place.

    Apologies for the length of this post (!)
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    16,444
    Male
    North Manchester
    You appear to have mentioned the only way forward.
    It seems that whoever applies to be deputy objections will be raised

    I would suggest contacting the COP and asking them to appoint a deputy from their panel https://www.gov.uk/guidance/panel-deputies-list-of-court-approved-professionals as agreement as to who should apply for deputy cannot be made by the family.

    It will be an expensive solution.
     
  3. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    98
    UPDATE: So the sister has now said to the firm of Attorney’s handling my FILs Estate that she is going to get an ‘alernative’ quote to deal with my MILs Deputyship and that she may or may not use a ‘professional’. The Estate can more than afford these costs which is why it was agreed in the first place. It isn’t HER money but who knows how she thinks....

    All this from 1 Executor who decided to steal from my FILs house and have the locks changed. Changed her mind 3 times regarding Probate and managed to intermeddle at the very start.

    So, the situation drags on......she continues to delay matters when she ‘agreed’ months ago that the said ‘attorneys’ could act not only for Probate for her fathers Estate but also as her mothers’ Deputy.

    I would never have envisaged any of this happening but hey-ho
     
  4. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    98
    A quick question....

    If a person is awarded Financial Deputyship by the Court and that person would also like to engage a Solicitor to work alongside him (because of complexities), does the ‘Deputy’ require agreement from the other 2 Executors to use said Solicitor ??

    Please don’t mention costs, we know the costs involved!!

    The sister has refused independent Solicitors to act as Financial Deputy.
     
  5. nitram

    nitram Registered User

    Apr 6, 2011
    16,444
    Male
    North Manchester
    Is this correct?
    Fil has 3 executors
    One of these is Mil
    Mil has lost capacity
    A COP deputy may be appointed to act for Mil

    Any deputy order would have to include the authority to act as executor.
    As to whether the deputy can authorise a solicitor to act on their behalf may well depend on the wording in the order.

    You need legal advice, the best way to obtain this may be to ask a solicitor to draft a deputyship order taking into account all your reservations.
     
  6. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    98
    Thanks Nitram

    Just to clarify

    FIL Executors are the 3 children
    MIL Not an Executor
    MIL Lost Capacity
    FILs Estate being dealt with by Independent firm of Solicitors

    My husband is of course taking legal advice. I thought it was an interesting question to ask because things need to be clear and concise at the start of any potential court action.

    I will pass on to him your valuable advice -many thanks
     
  7. nitram

    nitram Registered User

    Apr 6, 2011
    16,444
    Male
    North Manchester
    Has one of the children lost capacity?
    If not the only deputy involved is that for MIL, this deputy will not be involved in administering the will which will be done by the three executors.
    The deputy will have authority to handle the inheritance, as you have said the estate is complicated it would again be wise to get a solicitor to draft the order.
     
  8. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    98
    UPDATE: The SIL changed her mind (again) 5 days later for independent attorneys to act as Deputy....NO then YES. Too late, her brother had already engaged his own Solicitor the day after she refused point blank for the firm of attorneys to act and apparently still questioning why the Deputyship couldn’t wait until after everything was settled for her late fathers Estate. I’ve been reading all of her 90 emails (over a 3 month period) she sent to both her brothers regarding Probate & Deputyship and they clearly shows a lack of understanding but also some pretty nasty accusations!!! She would not take the advice from several Solicitors over these matters & accuses one of ‘plotting’. ..oh well, we know what the probable outcome will be (Cop Deputy) now my husband is attempting to move forward with the Deputyship but as long as things end up being done right & proper, that’s all my husband (her brothers) want. What a sad state of affairs & tedious (!)
     
  9. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    98
    And things continue on the Deputyship route....BUT just discovered husbands sister attempting to change MIL’s care home without informing her brother (my hubby) - of course she can’t until the Best Interest Meeting is held but honestly, I cannot fathom why all of a sudddn she wants to uproot her poor mother at 92
     

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