Probate granted but one of the executors is now incapacitated

Discussion in 'Wills, inheritances and gifts' started by Johnnycash66, 26 Apr 2018.

  1. Johnnycash66

    Johnnycash66 Registered User

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    Last edited: 26 Apr 2018
    Probate was granted but (for reasons not relevant here) one of the properties was not transferred to the beneficiaries.

    Since then the other executor has become mentally incapacitated.

    Can someone advise how to proceed in that scenario please?
    Will the signature of the healthy executor suffice on the deed of assent?

    Any advice would be much appreciated.
     
    Last edited: 26 Apr 2018
  2. Thirsty

    Thirsty Frequent Poster

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    IANAL and open to correction here

    I think you'll need to make application to have the incapacitated executor removed. As long as you have the necessary medical reports/statements it shouldn't be too difficult.
     
  3. Ravima

    Ravima Frequent Poster

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    was once in this position and High Court eventually signed off on all the documentation. Costly though.
     
  4. Thirsty

    Thirsty Frequent Poster

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    1,885