Q&As

If the sole administrator of a Will (who is set to receive all of the estate) loses capacity while administering the estate, but the administrator has a lasting power of attorney for Property & Finance, can the attorney complete the administration on behalf of the administrator?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 26/03/2019

The following Wills & Probate Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • If the sole administrator of a Will (who is set to receive all of the estate) loses capacity while administering the estate, but the administrator has a lasting power of attorney for Property & Finance, can the attorney complete the administration on behalf of the administrator?

A lasting power of attorney (LPA) enables a person to delegate decision-making in respect of personal welfare and/or property and finances. The LPA takes effect from its registration and empowers the attorney to make decisions for a person who has lost capacity and act in their stead.

In the case of Whittaker v Hancock, Master Shuman considered a claim by an LPA attorney wishing to be appointed as substitute personal representative in place of their mother, who had lost capacity. In that case, it was contended that the LPA only gave certain powers about ‘your property and financial affairs’ and thus this did

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