Q&As

An individual (P), who is a beneficiary of their deceased father's Will, lacks capacity and P's two deputies are also the executors of the estate. A relative of P has requested a copy of the Will and Will file as P's litigation friend (as the executors/deputies are not appropriate to act) but the certificate of suitability provided has not been approved by the court. In a probate action, when does a certificate of suitability provided need to be approved by the court?

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Published on LexisPSL on 06/07/2020

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • An individual (P), who is a beneficiary of their deceased father's Will, lacks capacity and P's two deputies are also the executors of the estate. A relative of P has requested a copy of the Will and Will file as P's litigation friend (as the executors/deputies are not appropriate to act) but the certificate of suitability provided has not been approved by the court. In a probate action, when does a certificate of suitability provided need to be approved by the court?

Where the deputy does not have the requisite power in the order appointing them, a litigation friend can be appointed either by a court order or without the need for a court order.

If the procedure for appointment without a court order is followed, a person (including any deputy without such a power) who wishes to be appointed as a litigation friend mus

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