There are sometimes occasions when a person dies and the Executor named in their Will is not able to complete their role due to a lack of capacity. Similarly, there are times where a person may not have formed a Will, and the loved one who would normally act as Probate is unable to perform this role due to a lack of capacity
In this blog, we give a brief summary of the process and the steps needed.
What is an Executor?
An Executor is a legal role assigned to someone within a deceased person’s Will. It gives the named Executor(s) the legal right to deal with their estate as directed within their Will.
What is Probate?
If a person dies without making a Will, then an application for Probate provides the legal right to deal with their property, finance and possessions on their passing. This is normally completed by a ‘Next of Kin’.
What to do if there is a question of capacity for the person(s) in these roles?
If the named Executor, or the person who would normally apply for Probate is thought to lack capacity to complete their role, then an independent Mental Capacity Assessment should be carried out to confirm whether or not this is the case.
If the outcome is that they lack capacity to conduct said role, government form PA14 should be completed. Legal advice should also be sought, as needed.
For wider reading on this area, resources include:
- Government UK ‘Applying for Probate’
- Money Saving Expert (updated 2025) ‘Guide to probate’.
- Blog from Farrer and Co (2023) ‘What to do when an executor loses mental capacity’
- Blog from the Will Company (2025) ‘What happens if an executor loses capacity?’
- Blog from Mills and Reeve (2025) ‘What happens when a sole executor dies or loses mental capacity?’
- Blog from Kingsley Napley (2025) ‘Capacity to act as an executor’
Support with assessments and form PA14
Here at Mental Capacity Ltd, we are able to perform Mental Capacity Assessments in cases where the Executor or Probate is thought to lack capacity to complete their role. We can also help you with form PA14 as required. For more information, please get in touch via our contact page.