We have a matter where we have two executors selling a property – one of the executors has lost capacity.
Having checked Practical Law and previous Trust Discussion Forum answers it would appear that the advice is that the grant is revoked and a new grant reissued in the name of the existing executor with power reserved to the executor who has lost capacity.
However, commentary from practitioners on practical law are suggesting that the Probate Registry deem it unnecessary to obtain a new grant in the name of the sole remaining executor, since the existing executor’s position is unchanged…?
However, the Land Registry will not accept a transfer signed by one executor only where the other is still alive.
Please could members let me have their thoughts / experiences on how they would deal with this. Given how dreadful the Probate Registry is at the moment I would prefer to avoid them!
Thanks, Gill Collins