UK:
Lasting Powers Of Attorney And Executors
25 June 2019
Hewitsons LLP
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The court recently held that an appointed executor under the
Will who had lost mental capacity, can be replaced by her
Attorney.
John executed a Will in 2003 and appointed his wife Margaret and
his niece Christine as joint executors. His wife was the sole
beneficiary of his estate. Margaret signed and registered a Lasting
Power of Attorney for Property and Financial Affairs ( LPA) in
2014, naming Janet as her attorney. Margaret later developed
dementia and moved into residential care.
John died in 2016 and Christine applied for probate alone.
John's estranged daughter challenged the application for
probate and claimed a right to a share of the estate. As a result,
Janet applied to court to act as the second executor on behalf of
Margaret, so that she could more readily protect Margaret's
inheritance.
Margaret was the sole beneficiary of John's estate, and so
his estate fell within the definition of Margaret's property
and financial affairs.
This case highlights the significance of taking the precaution,
as early as possible, of making an LPA .
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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