I am dealing with an estate where probate was granted to two executors but one of them has now lost capacity following a stroke and will not recover capacity. There is a property to transfer but the incapacitated executor cannot sign. What are the options for transfer of the property? I am assuming an LPA/ Deputyship Order would not assist in this situation?
sharon edelstyn
Phoenix Legal Group
Two or more PRs, one of whom has lost mental capacity, the grant is revoked. If the PRs are executors, a new grant of probate is issued to the other executors who have capacity and the executor who has lost capacity has power reserved to him until he regains capacity.
Elizabeth Sherborne
Wiggin Osborne Fullerlove
Hi, do you know the current procedure for this?