I have an Intestate estate where two of the deceased family (far down the line) have applied to be Administrators and Grant issued to them. We are part way through and one of the Administrators has lost capacity and the other one no longer wants to act (as she is elderly).
I understand that in the case of the incapacity, a new Grant would need to be applied for, with power reserved for the incapacitated Administrator. According to PLC (although I can find no authority for this), another Administrator at the same level may apply for the new Grant. Is this an opportune moment for the Administrator that does not want to act to step aside? Or is it the case that the Administrator with capacity is stuck with the role (as she would be if she was an Executor).
I’m not sure what the process would be here so would be grateful for some pointers.
Kamlesh Samji
KRS Estate Planning