If a sole residuary beneficiary lacks capacity and has no attorney or deputy is it sufficient to pay their entitlement to their bank account? There are no intentions by the daughter of the beneficiary to be appointed as a deputy the beneficiary is in full time care. Can anyone provide any advice or concerns?
Can anyone assist with this?
As the beneficiary is without capacity, they cannot give instructions as to payment.
On the basis that there is no obvious power within the will enabling the executors to pay at their discretion, I wonder if the will incorporates the STEP Standard Provisions (2nd Edition), special provision 18, which does provide the executors with a suitable authority in these circumstances.
In the absence of any authority for the executors to distribute to the beneficiary without instructions, I suggest the first aspect to consider is the amount in question. If purely nominal, say under £10,000, it might be sufficient to pay it to the known bank account. However, if the entitlement is more substantial, consideration should be given to applying to the Court of Protection for directions as to how it should be paid.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Thanks so much for your reply. There are unfortunately no step provisions as the will was drafted in the 80s, it is quite basic.
The amount will be substantial, would an application to the Court of Protection be payable as an administration expense at all?