Executor lacking capacity

[Probateprobs]

I would really appreciate any advice anyone can give on this situation with probate application. Thanks in advance.

My aunt has died and left a will naming both my parents as executors. My mother is able to do this but my father cannot due to dementia. Both mum and I have financial POA for dad. The probate office say we must submit a capacity assessment form despite having POA but dad's GP will not sign it (practice policy apparently). How can we proceed with the application? Dad is pretty much unable to communicate and would not even be able to sign the forms so there is no question of him being able to act as executor.

The form doesn't have to be signed by a GP. There are a number of options, including businesses that will conduct the assessment and complete the form for you. Google is your friend.

The simplest approach would probably be to serve notice on your father and for your mother to take out the grant on her own.

Thanks Annie. We weren't sure if she could do that in the circumstances, but it would be the easiest way.