The following Wills & Probate Q&A produced in partnership with Gaynor Jackson of Ward Hadaway provides comprehensive and up to date legal information covering:
Where there is a sole administrator who loses capacity (within the meaning of the Mental Capacity Act 2005 (MCA 2005)) after administration'>letters of administration are issued, the court will issue a grant for the use and benefit of the incapacitated administrator limited for the time that the administrator lacks capacity or until further representation is granted (depending on what the District Judge or Registrar directs).
Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 35 sets out who may apply where the personal representative has lost capacity within the meaning of MCA 2005 where the district judge or Registrar is satisfied that the administrator has lost the capacity to manage their affairs.
Where the administrator has lost the capacity to manage their affairs, proof of incapacity is usually in the form of either a certificate from the responsible clinician (formerly the responsible medical officer) if the administrator is a patient residing in a facility or otherwise a certificate from the administrator’s doctor.
Under NCPR 1987, SI 1987/2024, r 35, unless a district judge or registrar otherwis
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