14 August 2020
Estates - Executor delegation
If an executor has appointed someone under a power of attorney, can a law firm take instructions regarding the estate from the attorney?
Thank you for the question.
No. An executor cannot delegate their office. The executor may delegate the administrative tasks relating to the estate, so they may appoint a solicitor to apply for a grant in the name of the executor and assist in the administration. However, the executor cannot appoint another person, either by power of attorney or otherwise, to assume the executor’s responsibilities, which would include instructing the solicitor.
See s 28 of the Trustee Act 1958 and s 7(2)(b) of the Powers of Attorney Act 2014.
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