How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MarianC Your Own Question
MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 602
Experience:  Expert
109551472
Type Your Law Question Here...
MarianC is online now

I am looking for some basic assistance re the requirement of

This answer was rated:

I am looking for some basic assistance re the requirement of being an executor.Do you need any legal authority to act as an executor having been named as an executor in the deceased Will?

Hello, this depends on the extent of the assets in the estate. If there is a property you will need a Grant of Probate as your legal authority to deal with it. Also if the cash assets are significant the banks or asset holders may also require a Grant of probate. This is the Court giving the executor authority to deal with the estate. If there are no large assets then production of the Will is sufficient.

Kind regards

Marian

Customer: replied 9 days ago.
Hi Marian.OK, Probate is required. I have a caveat on it. I have two executors, both are step brothers.
I am saying that a PoA application needs to be done when executing starts. I understand that next of kin is irrelevant. If this is the case, is there a legal statute I can use?Also does the same apply pre probate - before the deceased has died. Next of kin is not a an excuse to not have a PoA?Regards,
Stephen.

No a POA doesn't have to be done, do you mean by an executor appointing someone?

A lot of people do not have POA some can't afford it or have sufficient capacity to make one.

Customer: replied 9 days ago.
I mean do you have to have any legal authority, such as a POA, to a) manage the affairs of someone living with dementia, or b) have a POA when being an executor when both these examples are next of kin.
I understand that next of kin does not give you legal status to manage the affairs.
You should have POA or Deputyship to manage someone’s affairs unless the person have access to their accounts before dementia
There is no need for POA to be an executor iMessages the executor appoints another person to take the Grant
Kindly remember to rate my response thank you
Customer: replied 9 days ago.
OK, your first point is interesting. The person who has access to the other (sick) persons accounts can do so without any legal right to do so. This can extend to doing exactly what they want with this persons account without the (sick) person knowing about it?
This seems like an invitation to take money out of said account if the sick person is dead or alive without out a legal document to do so.
Is this correct? Where can I find the written reference to this rule?

There is no written rule, it is a fact of life that people are vunerable to financial abuse and people take advantage. It can start off with asking them to get £20 from the cash point and giving their card and pin number, or someone opens their post

Customer: replied 9 days ago.
The extract from a website below seems to indicate what I believed - that next of kin has no legal bearing. Specifically, my step brother was "acting" without a PoA when my father was in care. He had no written authority to do so and he has withdrawn large sums of money, among other things, from my fathers account citing he had PoA.
Can I make the call that he had no authority to do anything without a legal POA?He even authorised a "do not resuscitate" on my father whilst in care without consulting me, his son.
'As my uncle's next of kin, I thought I could make decisions about his care, yet the doctor told me this isn't true. Is he correct?'Are you saying that anyone can act on behalf of someone who is ill and dab into bank accounts without the authority to do so?I was looking for you to clear up this issue, but I am no further in knowing what is right and what is wrong. I am more confused than ever.Here is an extract from a website...This is generally true, though family members may be appointed to make these decisions and, if not, they should still be consulted.'Next of kin' usually refers to someone's closest relative but, contrary to what many of us believe, the term doesn't mean anything in law or come with any automatic legal powers.However there are ways for a relative to be able to make care decisions on behalf of someone with dementia, or at least have a say in them.
Lasting power of attorney

Have you checked with the Office of the Public Guardian that there is no LPA?

If he had access to your father's acccounts then the banks for one assume that the account holder gave their consent and there is no fraud.

Just because he did not have POA does not mean he was not given access at some point by your father. To the extent that the money has not been used for your father may amount to theft.

Customer: replied 9 days ago.
I have checked with the OPG..
I am well advanced with this case.My father had dementia when he went into care. My step brother "assumed" PoA and acted as such on all aspects. There is nothing that has been registered with the OPG, either for my father or my step mother (who has also now died).
I do know that money was withdrawn from my fathers account (as he was not taking his company pension and the funds were above the threshold for maximum care assistance from Council). This is fraud.
Also in doing no probate was required. My fathers estate went automatically to my step mother.
Now my step mother died in 2018. He actually told me that he had siphoned off funds. I want those funds returned into my deceased step mothers estate. Alternatively I blow the whistle on him with the police.The PoA issue is to show that he had no legal authority to do anything yet did without applying and being granted a POA.It is messy. I have the probate on hold to find the bank accounts which I can't get from their Solicitors. They are going to make an application to the High Court to remove my caveat.So this PoA issue is very important. Looking for a definitive answer which takes the wind out of their sails.He has not challenged this, not even stated that the banks had written authority that he was nominated PoA. He would have said this if he had done so.Yes, we have a fraud and a theft issue here. The solicitors managing the Wills are not co-operating. They know of this alleged fraud, and this is a conflict of interest in its own right.
If I release probate we all say goodbye to the slush fund.
I really do need to get hold of my fathers accounts to prove this.He got the my step mothers Will changed immediately after the death of my father. This meant that I was removed from being a co-executor with him. Hilda had dementia.He is a total fraudster.Back to PoA - Do ypu know any company who specialises on tracking down old bank account details. That will conclusively show fraud has occurred.

Hello I'm sorry I don't but I do know they can be found on the internet. Also when the Caveat goes for a Hearing you could request all this information.

please remember to rate my response thank you

MarianC and 4 other Law Specialists are ready to help you