Wills & Trusts Law Reports | Autumn 2019 #176By his Will dated 23 September 2003 (”Will”) John Sidney Parker (”Testator”) appointed as his executrices the First and Second Defendants. The sole beneficiary of his estate was his second wife, the Second Defendant. She had been obliged to leave the family home to be cared for by her daughter, the Claimant. On 29 October 2013 the Second Defendant executed a Lasting Power of Attorney (”LPA”) in favour of the Claimant and this was registered on 16 January 2014. The Second Defendant, who had been diagnosed with triple dementia, subsequently moved into full time residential care. The Testat...
How can an estate be admitted to probate when there is a caveat in place? Clare Kelly discusses an unusual case which has lessons for the drafting of LPAs ‘In order to progress the administration, it was necessary for the executors to take action to remove the caveat. However, at this point the estate became …
Continue reading "Probate: Avoiding deadlock"
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