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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10494
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My dad just died in November he made a will does the person

Customer Question

My dad just died in November he made a will does the person with power of eterny put the will in probate by law
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your enquiry.A Power of Attorney is only valid during the lifetime of the person who granted it. So, whoever was your Dad's Attorney no longer has any power of his affairs.Upon your Dad's death, whoever he has appointed as his Executor(s) in the Will is under a duty to apply for Probate.I hope this assists and sets out the legal position.Kind RegardsAl
Expert:  Aston Lawyer replied 1 year ago.
Hi,Can I assist you any further?Kind RegardsAl
Expert:  Aston Lawyer replied 1 year ago.
Hi,I would be grateful if you could rate my answer.Best WishesAl
Customer: replied 1 year ago.
I asked her again to put it in probate but she still refuses is there anything I can do.
Expert:  Aston Lawyer replied 1 year ago.
Hi,Did your Father leave a Will, and if so, who did he appoint as Executor(s)?Kind RegardsAl
Customer: replied 1 year ago.
Yes he did leave a will I think the executer is my sister.
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your reply.Well, it is up to the Executor to apply for Probate. You had best therefore check who the Executor is.Sadly, there is no legal requirement for the Executor to apply for Probate immediately- only if there has been a lengthy delay, can a beneficiary complain to the Court.If the executor can't or doesn't want to apply for probate,the executor can also appoint someone else (apart from a solicitor) to apply for a grant on their behalf. This person is called their 'attorney', and must fill in form PA1 and send it to the Probate Registry. The attorney must include a signed letter from the executor explaining that they want the attorney to apply on their behalf.I hope this sets out the legal position.Kind RegardsAl

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