The following Wills & Probate Q&A Produced in partnership with Adam Draper of Shoosmiths provides comprehensive and up to date legal information covering:
If a person is appointed as executor of an estate and has lost capacity, they cannot apply for the grant of probate.
In those circumstance and assuming there is no co-executor, Rule 35 of the Non-Contentious Probate Rules 1987, SI 1987/2024 permits the registrar to appoint:
the person authorised by the Court of Protection to apply for a grant
where there is no person so authorised, to the lawful attorney of the incapable person acting under a registered enduring power of attorney, and
where there is no such attorney entitled to act, or if the attorney shall renounce
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