Lasting Power of Attorney for Executor

I am dealing with an estate where the sole executrix is W. H’s will does have substitute executors but unfortunately the will is worded so that this only takes place if the wife dies, or if the gift to her fails which it does not as she has survived the 28 day survivorship period. unfortunately she has lost capacity.

Son and daughter-in-law have a registered LPA and having spoken to the probate registry they have asked for medical evidence supported by an oath which confirms that no-one has been appointed by the court of protection and that the attorneys have notified the court. The oath does not however have any specific wording regarding the fact that this notice has been sent.

Has anyone used this wording and if so is there any specific wording required or is it simply enough to state that the attorneys have given notice to the court?

Paul Mounce
Graham & Rosen

I have obtained a grant recently (in an intestacy matter) issued by Newcastle District Probate Registry where the only additional paragraph added to the Oath stated that ‘X(the deponent) is the lawful attorney of Y( the PR)’

This was a general POA not an LPA, but the probate registry did not raise any query in relation to the Oath and did not ask to see a copy of the POA. Perhaps you should speak to the probate registry or try a different registry to see if you get a different response!

Sarah Arundel
Taylor Fawcett

The Court of Protection will send an acknowledgement, which you send to the court with the oath etc. and medical report.

Richard Denby
Denby & Co

I think it differs depending whether the executor has capacity or not.

Mrs J E Bennell

The probate registry said need to confirm that have written to court but don’t have to give acknowledgment. Executor does not have capacity but wording of Will does not allow for substitute executors to take over. Wife is also sole residuary beneficiary.
Paul Mounce
Graham & Rosen