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How to settle mums estate as my father is coexecutor but has lost capacity.

Rich tea

New member
Apr 6, 2021
2
0
Hi, I’m a newbie on the forum and would appreciate some advice (I fear this could be the first of many questions).
My mother recently died and my father could no longer manage at home. He has moved to a care home and has been assessed by his social worker as having lost capacity. I’d like to get on with settling my mother’s estate, but my father is a coexecutor. I’ve seen that people can decline to be executor but without capacity I don’t think signing a deed of renunciation would be valid. Is there some other way to legitimately get around this?Just to add there is no PoA for my father.
Thanks for any advice.
Rich
 

Grannie G

Volunteer Moderator
Apr 3, 2006
72,972
0
Kent
Hello @Rich tea

I`m sorry I have no idea of the legalities of this although someone may be able to help you soon.

Meanwhile perhaps it will be best to contact Dementia Connect who I`m sure will be able to advise.

 

nitram

Registered User
Apr 6, 2011
22,163
0
North Manchester
You may not need to prove the will.
If your mother left everything to your father and all her assets are joint with him everything will pass to him outside of the will.
With joint accounts the bank should simply convert any account to sole in his name on sight of your mothers death certificate.

Else try a webchat with the courts and tribunals service.
 

thistlejak

Registered User
Jun 6, 2020
55
0
I was thinking the same as @nitram , that everything might pass to your dad .
One thing I would suggest , what you feel able, is to start the process of applying for Deputyship for your Dad. It is a long process even pre Covid. Without POA you won't be able to manage your dad's finances and now that he has been deemed to lack capacity he will not be able to grant POA so the only alternative is Deputyship.
 

blueorchid

Registered User
Feb 18, 2016
68
0
I'm sorry to hear about your Mum. If bank accounts were joint then they will be made into a sole account in your Father's name once you've notified the bank. Same if the house was in both names.

Your Social Worker will be able to advise when it comes to funding for your Dad's care and if there needs to be a charge on the house whilst you wait for it to be sold. Unfortunately you won't be able to do a thing until you have the deputyship in place. It is a very slow process. We applied in June 2020 and still haven't got it. There is a huge backlog in the courts at the moment. This has meant that we haven't even been able to look at the finances, let alone pay for anything. Utility companies etc are usually very sympathetic and helpful so don't worry too much - just keep everyone informed. DWP can be confusing and I came across a lot of contradicting info from them. I've found the banks to be the least helpful - we can't even request a statement so have little idea what is going in and out of the bank.

The Social Worker will do a lot of the groundwork for you and let you know what your steps are in relation to your Dad's care. Don't feel like you have to do everything at once however starting the Deputyship process is your priority. We went through a solicitor as everything felt overwhelming at the start and we wanted to ensure we got it right. In retrospect I wonder whether we could have got the paperwork off to the courts quicker than the solicitor. Something to bear in mind.

Take care.
 

Rich tea

New member
Apr 6, 2021
2
0
I’m really shocked to log in today and see so many of you have taken the time to respond, thank you to you all. COP is on the agenda but finding the forms a bit hard. If you don’t mind me asking, what do solicitors charge to handle this? Concerned to hear how log it’s taking! One question I was trying to figure out is whether (in COP1) to ask to be able to handle the will on behalf of Dad or if I’d be mixing things up and should try to handle the will separately? Could a PA14 form be useful? Social worker is organising to cover the fees for the time being. But it’s taken since Nov and is still not in place yet.
 

Arthurgeorge

Registered User
Dec 16, 2020
12
0
On the probate form there is a section where you put why an executor won’t or can’t act. You put your relative as not having capacity, I think it is reason F, and get their GP to sign a capacity form that is available to download, ie it is on the probate site.
You fill in the probate form and send all the documents in by post.
 

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