The Supreme Court has jurisdiction as the Court of Probate to refuse a Grant of Probate to the appointed Executor due to lack of capacity notwithstanding that the Executor was named in the Will as such. There are classes of people that do not have capacity to act as Executor minors (under 18) and mentally or physically disabled people may not have capacity to act.
Having a criminal record does not disqualify you from acting as Executor however there are obvious problems if the Executor is serving time in gaol. It is still possible with the imprisoned Executor appointing an Attorney who could then seek a Grant of Administration for the term of the Executor’s imprisonment. If a company is registered under the Trustee Companies Legislation they are entitled to a Grant of Probate. However companies are not natural people and therefore are disqualified from applying for Probate. However a Board of Directors of a company can appoint an authorised person to seek a Grant of Administration.
A person’s poor financial status is not enough to preclude the Court from appointing them Executor however the Court will appoint a receiver if the Executor becomes bankrupt. That Executor will be required to allow the receiver’s name to be used in proceedings.
The Supreme Court will exercise its power only when the proper administration of the estate and interests of those entitled may be jeopardised.
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This is intended for general information and does not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.