We are instructed by the niece and nephews of G. G's husband has died and G has been placed in a care home. She has lacked capacity for several years.
The clients are concerned that someone unknown to them (R) has taken out the grant in G's husband estate (for the use and benefit of G, a person without capacity). R has also applied for deputyship and has mentioned applying for a statutory will. Without the statutory will the estate would pass on intestacy to our clients and some of their cousins.
R asserts that he was asked by G's husband to look after G's affairs and that this is what he intends to do. R is an accountant and proposes to charge professional fees for the deputyship.
The clients are concerned that they do not know R, that he would incur professional fees, and that most importantly G had family who are willing and able to take up deputyship. R has alleged that the family contact is minimal. We have assisted our client in filing witness statements to challenge the application.