Q&As

When applying for a grant as the attorneys under a registered enduring power of attorney for a beneficiary under an intestacy, what is the procedure to give the notice of the intended application for probate to the Court of Protection? Is there a particular form to use? If there is another beneficiary of equal entitlement to the beneficiary who lacks capacity but who does not wish to take the grant at this stage, do they have to renounce or can they be cleared off in another way?

read titleRead full title
Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 16/04/2021

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:

  • When applying for a grant as the attorneys under a registered enduring power of attorney for a beneficiary under an intestacy, what is the procedure to give the notice of the intended application for probate to the Court of Protection? Is there a particular form to use? If there is another beneficiary of equal entitlement to the beneficiary who lacks capacity but who does not wish to take the grant at this stage, do they have to renounce or can they be cleared off in another way?

Under the Non-contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 31, a person entitled to a grant of probate or administration may appoint an attorney to take the grant for their use and benefit. If they do, then any grant to the attorney will be limited until further representation be granted or in such other way as the district judge may direct. This provision includes an attorney acting under a lasting power of attorney or an enduring power of attorney but is not limited to such a person. This question does not, however, really concern an application for a grant by an attorney appointed simply for this purpose but to an attorney appointed under a registered enduring power of attorney.

Where a person who is incapable of managing their own affairs is the person entitled to apply for a grant then a limited grant, often referred to as a disability grant, may be made for the use and benef

Popular documents