Question on Executors

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My MIL died around Xmas with a will leaving everything to her two sons and also making them both Executors. One of her sons lives in Australia and is happy for his Brother to do the admin in the UK. Due to the value of the estate, IHT will have to be paid which is fine. Just going through the various forms and my question do both Executors need to sign and apply for probate or can my husband apply for probate and then administer what he needs to for his brother?

Thanks for reading.

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  • Voyager2002
    Voyager2002 Posts: 15,289 Forumite
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    That is really a question for your solicitor, but yes: your husband can become a "proving executor" and so do everything on behalf of his brother.
  • Tom99
    Tom99 Posts: 5,371 Forumite
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    [FONT=Verdana, sans-serif]Its very straightforward, brother applies for probate using form PA1 and says in answer to question 3.7 that other brother is reserving the right to be an executor later.[/FONT]
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    That is really a question for your solicitor, but yes: your husband can become a "proving executor" and so do everything on behalf of his brother.

    Why is it a question for a solicitor? It's up to them to decide. As per another thread it's not uncommon and what I've just done, no solicitor involved.
  • Yorkshireman99
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    That is really a question for your solicitor, but yes: your husband can become a "proving executor" and so do everything on behalf of his brother.
    Why? It is quite straightforward so no reason waste money with a solicitor.
  • lukewarn
    lukewarn Posts: 33 Forumite
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    Yorkshireman is spot on,again,why bother with a solicitor ?
  • Yorkshireman99
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    lukewarn wrote: »
    Yorkshireman is spot on,again,why bother with a solicitor ?
    You are too kind but thanks anyway.
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