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estate administrators applying for grant /letters of admin.- need me to sign POA for my name to be on grant application

4 replies

peridito · 26/07/2022 15:44

I think this is complicated rather than sinister but ...isn't there a simpler way ? POA sort of (perhaps unnecessarily) freaks me out a bit .

One of the other executors ,who hadn't realised I was also an executor,instructed a firm (not solicitors but they specialise in probate ) to apply .The grant was to be in her name and for her sole benefit - which I think is just a legal term ,I don't think she could run off with the assets .The assets are ,in any case ,being left to the surviving wife .But to have my name added I have to sign a POA.

@mumblechum ??

OP posts:
peridito · 26/07/2022 16:03

@mumblechum0

OP posts:
FloraPostIt · 29/07/2022 08:19

Because they aren't solicitors they can only apply for probate as attorney for an executor. If you want them to apply on your behalf then you would need to give them POA. But you don't have to - you could be included in the grant application in your own right ( if you're happy to sign everything too). Or the grant could just be in the other executor's sole name if you are happy with this. It depends how involved you want to be. It doesn't sound sinister, just perhaps not explained brilliantly so perhaps have a chat with them on the phone. This will also give you an idea of how comfortable you feel with them and whether you are happy to leave them to it.

peridito · 29/07/2022 11:15

Thanks Flora . Further thought and googling had reassured me .But I'm surprised by this you could be included in the grant application in your own right.
I'm a bit paranoid about wills - I helped a friend who had a v bad experience of 2 executors dividing the estate between them and not distributing to the other named beneficiaries.The money was recovered but only by instructing and paying a solicitor .

I'm a beneficiary and an executor in this case but a tiny bit thrown by the steps so far which have kept me very much at arms length .There are 4 executors ,3 from one side of the monied family and me ,a relative of the deceased who it has been explained to me "brought no money to the marriage ".

I wasn't kept in the loop because it wasn't realised that I was also an executor .I don't know what credence to give to the explanation that they were guided by an unsigned (draft?) will found in a filing cabinet .
The grant had been applied for in the name of one executor but the application withdrawn when I queried that .I wonder if it would be better if I were to be signing for things - no idea what that would involve .

Oh dear .

OP posts:
FloraPostIt · 29/07/2022 22:51

I would advise instructing your own solicitor if they have been trying to prove an unsigned will (!!!!) and are making comments about which side of the family brought the money in, which is neither here nor there. If you're an executor your legal costs can be paid from the estate. Look for someone with a STEP qualification (I would suggest solicitor or legal executive to be assured of regulation/qualification but I am biased so please do your own research too)

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