Q&As

Upon the death of a protected person with no personal representatives must the deputy apply to the Court of Protection for a further order to enable him to administer the estate of the deceased protected person?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 17/08/2016

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:

  • Upon the death of a protected person with no personal representatives must the deputy apply to the Court of Protection for a further order to enable him to administer the estate of the deceased protected person?

A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of Protection. A deputy will often be appointed in circumstances whereby a person loses capacity but there is no Lasting Power of Attorney (LPA) or such a power has not been registered.

The Court of Protection (the Court) will determine the suitability of the applicant to be the deputy, and will ordinarily circumscribe their powers. The Court can also supervise the deputyship if appropriate.

A deputyship terminates upon the death of the protected person, meaning that the erstwhile deputy is not in a position automatically to administer their estate. If the protected person had a valid Will, this power will devolve upon the executors named in that Will. The death of a protected person

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