I am about to apply for Probate in an estate where the Testator appointed two of her nieces as Executors. One of them has dementia and will obviously not be capable of applying for the Grant. The other Executor will apply for the Grant, reserving the rights of the incapable Executor. The incapable Executor had granted an LPA to her son.
My query is how do I satisfy the provision that the Executor whose rights are being reserved has to receive notice of the application? Under Rule 27 (3) of the NCPR a registrar may dispense with the giving of such notice. Can I simply refer in the Statement of Truth to the fact that the Executor is incapable, as one would in a recital in a deed to remove an incapable trustee, or do I need to contact the District Registrar in advance to seek formal dispensation, sending a copy of the registered LPA?
I tried to telephone my usual DPR about this but received the usual response that the lines are busy.
I would welcome any practical experience about this from colleagues.