# Executor is not of sound mind



## maradonut (21 Jul 2013)

My father passed away last year leaving my mother as his executor and sole beneficiary.  Before he died my mother was declared to be of unsound mind ie. she is suffering from dementia.  He never changed his executor.  To sort out my father estate for my mother, the solicitor says that we need to get a grant of probate but this doesn't appear to be straightforward given my mothers condition.

What do we do now?  My brother spoke to the solicitors but didn't understand what has to be done and came away with no clear instructions or course of action.  How do we sort out the grant of probate given that my mother is the executor and has dementia?


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## WizardDr (21 Jul 2013)

I assume that there is only one executor - or is it the case that there was a 2nd or alternative ?

Is there an enduring power of attorney in respect of your Mother - and is it specific enough to include this? 

It may that there has to be an application to the Court under the Probate rules.

This is likely to see one of you appointed i.e. who would be appointed in the event of your Mum not having a will.


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## Vanilla (22 Jul 2013)

There's a simple application to the probate office to get an order to have someone appointed to take out probate as committee to your mother. Its an affadavit based application, usually exhibiting a doctors affadavit as to your mothers state of mind and the consent of the Wards of Courts office. It would probably be you or one of your siblings with the others consenting.

Your solicitor may not have come across it before as it is an unusual application but I've done it a few times and it is quite straightforward.


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## maradonut (23 Jul 2013)

Thanks for your help.  Solicitor never heard of the option mentioned but I did some research before meeting him and he is going to get the ball rolling a.s.a.p.  Maybe I need to change solicitors!


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