Q&As

Where an administrator of an estate has obtained a grant of letters of administration but has since lost mental capacity before completing the administration of the estate, is it possible to make an application to re issue the grant of letters of administration in the name of the administrator’s deputy? If not, would one or more of the beneficiaries of the estate need to apply for a fresh grant in their names?

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Produced in partnership with Gaynor Jackson of Ward Hadaway
Published on LexisPSL on 01/10/2019

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 an administrator of an estate has obtained a grant of letters of administration but has since lost mental capacity before completing the administration of the estate, is it possible to make an application to re issue the grant of letters of administration in the name of the administrator’s deputy? If not, would one or more of the beneficiaries of the estate need to apply for a fresh grant in their names?

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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