Q&As

If a person, acting as attorney for the person entitled to act as the personal representative of an estate, extracts a grant 'for the benefit and use of' that other person, what rights, duties and obligations in relation to the estate does the attorney have?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 14/02/2017

The following Wills & Probate Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • If a person, acting as attorney for the person entitled to act as the personal representative of an estate, extracts a grant 'for the benefit and use of' that other person, what rights, duties and obligations in relation to the estate does the attorney have?

If a person, acting as attorney for the person entitled to act as the personal representative of an estate, extracts a grant 'for the benefit and use of' that other person, what rights, duties and obligations in relation to the estate does the attorney have?

Under Non-Contentious Probate Rules 1987, SI 1987/2024 (SI 1987/2024, r 31), a person entitled to a grant of probate or administration'>letters of administration may appoint an attorney to take a grant for his use and benefit. If he does, then any grant to that attorney will be limited until further administration be granted, or in such other way as the district judge or registrar may direct. There will need to be a formal power of attorney for this purpose. This is usually a power given for the express purpose of obtaining a grant but may be, in some circumstances and depending on its terms, a general power of attorney even if it was granted before the death of the deceased.

It may be that the person entitled to a grant is incapable of managing his own affairs and has executed an enduring or lasting power of attorney

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