I am dealing with an estate - the Will appoints four Executors (husband and three children).
I have been instructed by one of the sons (one of the Executors). It is intended that power be reserved to his brother and sister (two of the other Executors).
My client’s father, the deceased’s husband (and remaining Executor) lacks mental capacity.
The intention is for the Grant to be taken out by my client, with power reserved to the others.
Am I still able to have power reserved to the father, or do I need to state that he lacks capacity and complete a PA14?
Any guidance would be greatly apppreciated.
Martyn Dixon
Harold Bell Infields & Co