How to take 'reserved powers'

photodgm

My wife and her brother are joint executors of their mother's estate. My wife's brother lives the other side of the country and doesn't want to be involved in the detail of managing the estate and applying for probate. Is there a form (and if so where can we obtain it from) that he can sign to take reserved powers, allowing my wife to do things like setting up an executors account and employing a solicitor when needed, without requiring his signature. Thanks for any help.

Crabapple

Someone else might have better knowledge of a personal application in this situation, but I think that your wife can apply for Probate on her own and the Probate Registry will send a form to the other Executor to advise that she is doing so.

If done through a Solicitor she would sign a form to send to him, again to notify him that she is making an application and he will have power reserved. If he had any objection he could then raise it.

Errata

Probate office full info here http://www.probate.co.uk/advice/topic.asp?id=443

Power Reserved

If an Executor wishes to 'Power Reserve' ask the Probate Registry when making the application, for the appropriate form for that particular Executor to sign and return to the Registry.

An Executor 'Power Reserving' may do so because of work or other commitments or because the other Executor(s) can cope without them. They may also live abroad.

They can extract a Grant later (become involved again) should the other Executor(s) fall ill, die or otherwise fail to complete the Administration of the Estate

g6jns_2

photodgm wrote: »

My wife and her brother are joint executors of their mother's estate. My wife's brother lives the other side of the country and doesn't want to be involved in the detail of managing the estate and applying for probate. Is there a form (and if so where can we obtain it from) that he can sign to take reserved powers, allowing my wife to do things like setting up an executors account and employing a solicitor when needed, without requiring his signature. Thanks for any help.

Your wife can just apply on her own for probate. She should send a covering letter with the application giving her brother's contact details. AFAIK the Probate Office will write to him.

photodgm

Thanks everyone for the comments. I had thought my wife would have had to have had evidence of her brothers agreement that she could act on her own in setting up and running the executor account and making the decision about what to pay a solicitor to do. It seems it is just in the final step of applying for the grant that the issue of reserved powers is applicable.

Errata

photodgm wrote: »

Thanks everyone for the comments. I had thought my wife would have had to have had evidence of her brothers agreement that she could act on her own in setting up and running the executor account and making the decision about what to pay a solicitor to do. It seems it is just in the final step of applying for the grant that the issue of reserved powers is applicable.

It's quite simple and straightforward, but it is very much dependant on the executors communicating fully with each other.

Rodders53

The Probate application form PA1 has a place to fill in the names of all executors who are NOT applying (A6) with reasons codes... code C being 'reserved'. Download the full pack and read the Guidance notes. http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=VKhb2F_R9Q4