If an Executor becomes completely incapacitous after the Grant of Probate but before the Assent is executed, then is it possible for the Probate Registrar to amend the Grant by removing the incapacitous Executor and making it power reserved to them? The reason for my question is that if the Executor is not going to recover capacity then how can one reserve power to them.
Kareen Stuart
listenlegal
If the executor loses capacity then the Grant of Probate is not amended or impounded. It remains in place, albeit the incapacitated executor cannot act under the Grant unless and until capacity is regained – that may never happen. Someone else must either take out a Grant de bonis non for the use and benefit of the incapacitated executor and which will be limited in duration to their lack of capacity, or an executor with power reserved in the original application can step in and take a full Grant of double probate.
Stuart Adams
Mishcon de Reya LLP
1 Like
A recent not dissimilar example.
Will appointed two executors.
One took probate with power reserved to the other.
The executor died before the end of the administration.
The executor to whom power was reserved didn’t want to take up the role and renounced.
Grant of letters of administration with will for the unadministered estate (bonis non) issued to a residuary legatee and devisee. Application consisted of oath, deed of renunciation, 205 (in this case), marked copy of the proven will.
John Cartlidge
Campion Solicitors