Q&As

Can an attorney of a sole executor apply for a grant where there are replacement executors who may act if the sole executor is unable or unwilling to act?

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Published on: 26 February 2019
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As a general Response to this query, see the following extract from the Commentary: Status of Attorney: Tristram and Coote’s Probate Practice [11.68]:

‘A person acting under a Power of attorney has the same status as the donor of the power would have if applying personally…’

Therefore the attorney can apply for probate in place of the sole executor and the appropriate Statement of truth can be found at: Statement of truth for administration (will) to the attorney of an executor: Tristram and Coote's Probate Precedents [A6.108].

As there is no indicated incapacity of the

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