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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Trying to get to sell shares held under my dead fathers

Customer Question

Hi
Trying to get to sell shares held under my dead fathers name. My mother was the executor. She just left the shares in his name & now she has lost capacity & I have a registered LPA for her.
Capita who are the registrars are saying that the LPA must also refer to Section 25(5) of the 1925 Act where an attorney acts on behalf of an executor administrator
I was also named as joint executor but did not act at the time. Can I sell the shares without needing to arrange a new LPA? With either me signing as LPA or executor
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

In the original grant of probate, was your mother named as the sole executor or were you both jointly named as executors but you didn’t deal with it all, or was a power reserved to you? Have you sent a copy of that grant to the Registrars?

Customer: replied 4 months ago.
My mother was the executor & I was to be executor in her absence.
Mother does not have Capacity now so if I cant deal under existing LPA can I do anything before she passes away without going to Court of Protection?
Expert:  F E Smith replied 4 months ago.

Can you attach a copy of the grant so I can see the exact wording or can you tell me the exact wording surrounding your mother’s name and your name?

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