Mr F died intestate with Mrs F surviving him. Mrs F gave her daughter D a power of attorney to take out a grant of Letters of Administration in Mr F’s estate for her use and benefit.
Mrs F then died. Mrs F’s Will appointed her daughter D and her son S as executors. Currently D and S have given a power of attorney to a professional T for T to take out a grant for their use and benefit regarding Mrs F’s estate.
D’s authority to act under the grant in Mr F’s estate ceased when Mrs F died. As the whole of the beneficial interest in Mr F’s estate would have gone to Mrs F, we understand that the PRs for Mrs F are entitled to take out a grant de bonis non in Mr F’s estate. Ideally, as there is a claim in process (as claimant) in Mr F’s estate the person named on the grant would be D.
We are unsure whether D could take out the grant de bonis non with power reserved to S, since they have given a power of attorney to T regarding Mrs F’s estate;
Should we be looking to get D and S to revoke their Power of Attorney to T and then D take out a grant in Mrs F’s estate with power reserved to S. Then subsequently apply for a grant in relation to Mr F’s estate naming D with power reserved to S.
We would be very grateful for your thoughts and comments on the above.