Attorney of original Executor or replacement Executor to act?

Trusts Discussion
1

I am dealing with an Estate where X is appointed as sole Executor, but lacks mental capacity.

X has a Lasting Power of Attorney in place, therefore their attorney could act on their behalf to administer the estate under Rule 35 NCPR.

However, the Will states if X shall have predeceased, or if for any reason unable or unwilling to act as Executor, then Y is appointed.

I can find a lot of information to suggest the attorney of X can act, but I am struggling to find information to confirm that the attorney would act instead of Y (replacement/substitute executor).

Can anyone clarify please?

2

A Lasting Power of Attorney has been granted to perform a service for the donor and Under Section 9(1) of the Mental Capacity Act 2005 the document has no function to allow the Attorney to act for the Donor in a third party role. X needs to be cleared off and Y can act.

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