Acting as an executor is not an easy task, and can take up a lot of time, which is not ideal, especially when grieving. So not only considering the below points, but also the personal implications when taking on such a responsibility is important.
Any executor that is appointed must have capacity to apply for a grant of probate. Capacity is in relation to an executor’s ability to act, in legal terms. An executor is unable to apply for a grant of probate if they:
- Are a minor
- Lacks mental capacity
- Are the former spouse of civil partner of the deceased
- Are bankrupt, insolvent, or in prison
- Are a non-trust corporation