Just been referred a case where a mentally disordered man killed his parent.
I’m told he is a both a beneficiary and executor of his parent’s will.
There are two other executors, but he is currently unwell and detained in hospital.
I understand he can’t benefit from the estate, but can he still be an executor?
Any pointers greatly appreciated.
I asked a barrister, who replies:
It doesn’t automatically invalidate the appointment as executor, but he could renounce it, or if he can’t, or won’t, the two other executors could either just apply and get a grant of probate with “power reserved” to him to apply if he ever wanted to, or if they want to make completely sure, they can apply to the probate registry under s116 of the Senior Courts Act 1981 to have a grant of probate made to them, excluding him as someone obviously unfit to act as such.
Thank you so much! That’s really helpful.
Incidentally, whether he can benefit from the estate would depend on the facts of the case.
The forfeiture rule might not apply at all, as in Re W [2020] UKUT 155 (AAC).
If it applies, he could argue for it to be modified – two unsuccessful examples are Henderson v Wilcox [2015] EWHC 3469 (Ch) and Dalton v Latnam [2003] EWHC 796 (Ch).