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Responsibilities for a deceased person’s estate

In this section

  1. 1
    Introduction
  2. 2
    Purpose
  3. 3
    Scope
  4. 4
    Definitions
  5. 5
    Legal context
  6. 6
    Associated Council policies
  7. 7
    Referral - conditions of acceptance
  8. 8
    Application for authority where no other person is willing or able to act
  9. 9
    Authority to act
  10. 10
    Supporting involvement
  11. 11
    Management of financial and property affairs
  12. 12
    Property
  1. 13
    Responsibilities for a deceased person’s estate
  2. 14
    When Client Affairs team responsibilities end
  3. 15
    Fees charged by the Client Affairs team
  4. 16
    Monitoring
  5. 17
    Reports to the Office of the Public Guardian
  6. 18
    Dissatisfaction/complaints
  7. 19
    Implementation
  8. 20
    Review
  9. 21
    Appendix 1: Terms used in this policy
  10. 22
    Appendix 2: Client Affairs fees – from April 2024
  11. 23
    Appendix 3: The Mental Capacity Act Code of Practice
  12. 24
    Policy details

13.1    Where the person who lacks capacity is named as the executor of a deceased person’s Will or under the rules of intestacy is an entitled relative and there is no other person willing to administer the estate, the Client Affairs team will:

  • seek the authority of the Court of Protection to apply for a grant of representation on the person’s behalf, and

  • if granted, instruct a solicitor to administer the deceased person’s estate if a grant of representation is required
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