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Double Probate

Margot123
Margot123 Posts: 1,116 Forumite
in Deaths, funerals & probate
Grant of Probate has been issued. One executor is acting, the other has reserved power.
Can a caveat still be issued in order to prevent 'double probate'?

Mr Google has no answers......

Comments

  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Margot123 wrote: »
    Grant of Probate has been issued. One executor is acting, the other has reserved power.
    Can a caveat still be issued in order to prevent 'double probate'?

    Mr Google has no answers......
    Why would a second application be made and how could it be done without the will? In any case the probate office should stop it happening.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    Yorkshireman99 wrote: »
    Why would a second application be made and how could it be done without the will? In any case the probate office should stop it happening.

    Indeed a second application can be made to run concurrent with the original Grant of Probate.
    This can only happen when an executor reserves their right on the original Grant.

    I too am perplexed as to how they can apply without the original will, along with full details of the estate's assets and liabilities.

    There are various threads on Google but on 'paid for' forums aimed at solicitors.

    It certainly is an interesting one, and something that could and does happen, I'm sure.
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