The property is registered in the sole name of Husband. Husband died leaving a Will appointing his Wife as his sole executor and beneficiary and, while there is provision for replacement executors if Wife had died, it does not cover the situation if the Wife cannot act as executor for any other reasons. Probate of Husband’s Will was never applied for. Wife has now lost capacity and is in residential care. The property is to be sold to pay the costs of Wife’s residential care. The son of Husband and Wife has been appointed as Wife’s Deputy. The Deputyship Order does not cover the sale of property.
Clearly a Grant of Probate of Husband’s Will is required and the son would like to make the application as Deputy for his mother but I do not think think the Deputyship Order allows him to do this and that he will need to apply for another Order. Has anyone had any experience of this sort of situation?