Q&As

I have an estate whereby two executors are named on the grant, but one has since lost capacity. Do you have a Precedent and guidance on how to have the incapacitated executor removed?

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Published on LexisPSL on 22/03/2018

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

  • I have an estate whereby two executors are named on the grant, but one has since lost capacity. Do you have a Precedent and guidance on how to have the incapacitated executor removed?
  • One of several executors subsequently lacks capacity to manage their affairs
  • One of several administrators (with or without Will) subsequently lacks capacity to manage their affairs
  • Substitution on removal
  • Trustee lacking mental capacity

I have an estate whereby two executors are named on the grant, but one has since lost capacity. Do you have a Precedent and guidance on how to have the incapacitated executor removed?

We refer you to the following which you may find useful for your purposes:

  1. Part 8 claim form for removal of an executor or substitution of a personal representative: Atkin's Court Forms [144]

  2. Witness statement in support of claim for removal of executor: Atkin's Court Forms [145]

One of several executors subsequently lacks capacity to manage their affairs

When two executors prove a Will, but one subsequently lacks capacity to manage their affairs within the meaning of the Mental Capacity Act 2005 (MCA 2005) probate is revoked and a new grant made to the capable executor, power being reserved to the executor who lacks capacity of taking probate again on recovering their capacity (Re Sowerby's Goods (1891) 65 LT 764 (not reported by LexisNexis®); Re Shaw's Estate).

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