Probate: Reserving Power

MaddyWest

I, my brother and my mother are named as executors in my father's will. We are spread around the country, so getting everyone together is awkward. Also, our mother isn't really up to making decisions, or doing executor-type work. I have a couple of questions:


1. We intend for Mum to Reserve Power. The PA1 form says we need to inform her in writing about the probate application, is there a standard form of words for this? We are thinking of her Reserving rather than Renouncing as it seems a bit simpler, is there any disadvantage to this?


2. We're also wondering if it makes sense for my brother to reserve power as well, as I have been doing most of the work on the will. However, he has filled in and sent off the form for repayment of Premium Bonds to the NS&I, does this mean it is too late for him to reserve power (due to inter-meddling)?


3. If both myself and my brother apply for the Grant of Probate, how do we go about swearing the Oath as we are at different ends of the country - or do we have to do it together? And how do we indicate this on form PA1?


thank you

Tom99

[FONT=Verdana, sans-serif]Providing you are all happy to trust each other, your mother and brother should reserve.[/FONT]
[FONT=Verdana, sans-serif]It will make things much easier, its not just the oath, that can be overcome, but banks, solicitors, insurance co etc will probably all require your both to sign everything if your brother remains an executor.[/FONT]

MaddyWest

Thank you, yes there are no conflicts between the executors. I was wondering if my brother having already contacted the NS&I as an executor means that it is too late for him to reserve?

Yorkshireman99

MaddyWest wrote: »

Thank you, yes there are no conflicts between the executors. I was wondering if my brother having already contacted the NS&I as an executor means that it is too late for him to reserve?

In theory yes but if he says nothing it should not be a problem.

Rubik

MaddyWest wrote: »

Thank you, yes there are no conflicts between the executors. I was wondering if my brother having already contacted the NS&I as an executor means that it is too late for him to reserve?

It would only be a problem if you were seeking him to renounce rather than reserve his powers. Once an executor has intermeddled in an estate (undertook any work relating to the estate) then the executor can only be renounced via court order.

Reserving power means that the executor is still an executor, but doesn't have any involvement in carrying out the estate administration but can (if required) be involved in any decision making.