Summary
A deputyship is appointed by the Court of Protection for someone lacking mental capacity, while a grant of probate is issued to manage a deceaseds estate. A deputy cannot sell property after the protected persons death; this responsibility falls to the executor or administrator. If no will or executor exists, apply for a Grant of Letters of Administration. Executors manage the deceaseds debts, not deputies. Selling property without a will or probate generally requires legal documentation.Full Conversation
Can you pursue a debt from someone who sold property with a deputyship
If someone sold property with a deputyship, you can still pursue a debt if the debt is valid. However, you may need to follow specific procedures:
- Ensure the debt is documented and valid.
- Approach the deputy handling the person's affairs.
- If necessary, seek a court order to enforce the debt.
Would you like more detailed information on how to proceed?
Is a deputy obliged to pay off debt as the executor
A deputy and an executor have different roles and responsibilities:
- Deputy: Manages the affairs of someone who lacks mental capacity. They are not responsible for paying off debts unless it is in the best interest of the person they represent.
- Executor: Manages the estate of a deceased person and is responsible for paying off the deceased's debts from the estate's assets.
Are you dealing with a situation where you need to understand the responsibilities of both roles?
Is a deputyship valid if the person its protecting is dead
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A deputyship is no longer valid once the person it is protecting has passed away. The authority of the deputy ends upon the death of the individual. At this point, the role of managing the deceased's affairs typically passes to the executor of the will or the administrator of the estate.
Do you need more information about the process after the person has passed away?
Can you sell a property without a will or grant of probate
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In England, you generally cannot sell a property without a will or grant of probate. Here are the key points:
- No Will: If there’s no will, you need to apply for a Grant of Letters of Administration.
- With a Will: You need a Grant of Probate to sell the property.
- Exceptions: If the property is jointly owned, it may automatically pass to the surviving owner.
Is there more context or details about the property or the situation that you might need assistance with?
Can someone with a deputyship sell property if the person they are protecting is dead
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A deputyship ends when the person being protected dies. At that point, the deputy no longer has the authority to sell the property. The responsibility to manage and sell the deceased person's property typically falls to the executor of the will or the administrator of the estate.
Would you like more information on how to proceed with selling the property after the person's death?
Yes, what if there is no executor or grant of probate
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If there is no executor or grant of probate, the process involves applying for a Grant of Letters of Administration. Here are the steps:
- No Will: Apply for a Grant of Letters of Administration to manage the estate.
- No Executor Named: Same process as above if no executor was named in the will.
Do you need more information on how to apply for a Grant of Letters of Administration?
what is a grant of letters
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A Grant of Letters of Administration is a legal document issued by a probate registry in England. It allows the administrator to manage and distribute the estate of someone who has died without a will (intestate). The administrator has similar responsibilities to an executor but is appointed in the absence of a will.
Would you like more details on how to apply for this grant?
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