Technical advice

C » Capacity

The Executor or Administrator needs capacity (mental or being of age (18 years)) to be able to act and a Beneficiary needs capacity to be able to receive a gift.

If you doubt whether an Executor or Administrator has mental capacity, or is under 18 years, speak to your Probate Registry and tell them the circumstances.

You may need to obtain a doctor’s opinion in respect of mental incapacity. If the Beneficiary does not have capacity or is under 18 years, the Probate Registry will also need to be told and you may (depending on the size of the Estate) need to seek professional advice.

Preferred Professionals

If you are in any doubt about what is required of you in administering a deceased estate, we have a list of preferred Professionals which we would suggest you consult... Read more »