I’m hoping members may be able to shed some light on the following scenario?
Mrs A has died intestate. Her cousin gives a POA (PA12) to a partner in a firm to obtain a Grant. This is then issued to the partner in their name for use and benefit of the cousin.
The firm then proceed to administer the estate, taking instructions throughout from the cousin and without any further involvement at all from the Personal Representative.
Presumably, as a minimum, the PR is required to have some sort of oversight here?
Any thoughts and guidance would be most appreciated.
I am working on a similar matter and have the PR and relative of the deceased as our clients. Firm director is appointed on POA.
I include the PR with the decisions regarding the estate. Although currently we have been waiting a very long time for Newcastle to issue a grant which is delaying us progressing the file.
Thanks for your reply. The main concern in my scenario is that this creates a situation where the actual day to day decision making in relation to the administration of the estate is clearly being conducted by someone other than the estate’s PR. This could potentially have the effect of the partner/PR being personally liable for someone else’s actions.
My understanding is that the Probate Registry consider any attorney application as being a complex application, hence the delay.