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 .
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