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Explaining the Different Types of Trusts

How to Ensure Your Children Benefit from Your Will When Getting Remarried?

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Including Your Funeral Wishes in Your Will

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I have PoA for my Mum who is in a care home. Can I buy her house to fund care home? LocalSolicitors.com

I have PoA for my Mum who is in a care home.

Hi there,

Unfortunately, Jersey falls under a separate jurisdiction. As such, it has a different set of Probate rules. Within these rules, it is provided that the services of a Jersey lawyer would be needed. Thus, we recommend you contact a Jersey lawyer to obtain your Grant.

Kind regards

Curzon Green.

Can I use a local lawyer in England to get me a grant of probate in Jersey?

 The answer depends on why you are asking the question. Is it because:

a. You wish to appoint somebody in your Will who is sectioned.

b. Somebody who is already acting as an executor has been sectioned; or

c. Somebody who is named in a Will as an executor is currently sectioned and the Will maker has died.

The answers would be:

 a. When somebody writes a Will they should endeavour to appoint somebody who will be able to carry out the functions of an executor when they die. If there is any doubt about a proposed executor you should strongly consider appointing somebody else.

b. Whilst somebody is sectioned they are deemed unable to manage their own affairs and this would mean that they are also unable to deal with an estate. However whoever is responsible for the sectioned person's affairs may be able to deal with the estate whilst they are sectioned.

c. As somebody who is sectioned cannot manage their own affairs then it seems unlikely that they could apply for a grant of probate to deal with the affairs of somebody else.

Can someone sectioned under the mental health act be an executor of a will?

I have PoA for my Mum who is in a care home.

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