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Probate - 1 executor out of country, use POA?

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Hi all,

Thanks for the other threads on probate.

My OH and his brother are executor for his Godfathers will. Everything present and correct and so shouldnt be too difficult.

However his brother lives outside the UK. He has a relative who has POA and has bought property for him etc.

Can we apply for probate using the POA at the meeting?
Can OH apply for probate without other executor?

Probate websites not that helpful!
NOT a NEWBIE!

Was Greenmoneysaver. . .

Comments

  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    Your OH can apply for probate on his own providing the other executor agrees and signs a document to that effect. I'm sure there's info on this on the Probate Office website.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • The website isn't helpful about the signature - can it be the POA or must it be the other executor?

    Also can anything be moved from the estate once the initial probate forms are complete?
    NOT a NEWBIE!

    Was Greenmoneysaver. . .
  • Torry_Quine
    Torry_Quine Posts: 18,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Power of Attorney dies with the person. One executor can go ahead with the permission of the other.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    Hillbilly1 wrote: »
    The website isn't helpful about the signature - can it be the POA or must it be the other executor?

    Also can anything be moved from the estate once the initial probate forms are complete?

    It must be the other executor and it can be done by post.
    Can anything be removed? Rotting food and gold bars, for safety and security, yes, anything else - it depends.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Hillbilly1 wrote: »

    Also can anything be moved from the estate once the initial probate forms are complete?

    You can pretty much do what you like from day one, some actions will be blocked without the grant like selling property, accessing accounts.

    No one really checks what you are doing, so it needs someone to take action if they don't agree with what you have done

    As long as you account for all the assets in a satisfactory way to the benifitiaries and sometimes HMRC there is unlikely to be an issue
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hillbilly1 wrote: »
    My OH and his brother are executor for his Godfathers will. Everything present and correct and so shouldnt be too difficult.

    However his brother lives outside the UK. He has a relative who has POA and has bought property for him etc.

    Can we apply for probate using the POA at the meeting?
    Can OH apply for probate without other executor?
    Power of Attorney dies with the person. One executor can go ahead with the permission of the other.

    I think the POA is held for the brother who is abroad, not the deceased.

    It would be much easier if the abroad brother relinquished the role as executor and left it to your OH.
  • Mands
    Mands Posts: 844 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Hillbilly1 wrote: »
    Can we apply for probate using the POA at the meeting?
    Can OH apply for probate without other executor?

    Probate websites not that helpful!

    That's not the right process: the absent executor needs to be "power reserved". By doing that they agree to the other executor carrying out all the necessary work, with their authority. They can step back into the process at any time if they see fit.

    This website gives a helpful overview: http://www.thelawwizard.com/probate/guides/renouncing-and-power-reserved.html No recommendation of that site, it's just a useful explanation. The Probate Office can provide the necessary forms, details here: http://www.probate.co.uk/advice/topic.asp?id=443

    Mands
  • Hillbilly1
    Hillbilly1 Posts: 620 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    Thanks everyone! Been house clearing for a few days.

    Sadly BlL does not want to take a step back and not be executor.

    We have been getting rid of worthless stuff, including a commode filled with 8 month old poop... found by moi!

    This is a nightmare, family at breaking point. People,my advice would be get a solicitor as executor...
    NOT a NEWBIE!

    Was Greenmoneysaver. . .
  • Does B-i-L understand the responsibilities as Executor?
    How does he propose to carry them out from abroad, other than dumping them all on his brother?

    Can he return to the UK to swear the oath?

    Does he understand that if he 'reserves power' he gets the best of both worlds - he leaves all the hard work to his brother, but can step back in as Executor if he feels the need.
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