Renouncing power or power reserved - probate

highland_walker

When there are 3 executors on a will and one wants to renounce their role or have “power reserved” when applying for probate, how easy is it to do this and are there any downsides to it? Anyone have any experience of this?
The executor in question lives quite far away from the hometown of the deceased. They have looked into doing “power reserved” as the best option as they may have already got involved slightly with things (they signed a bank from to release some funds from one of the deceased’s bank accounts which had just a few thousand in there and didn’t need probate). We are not sure if this counts as “intermeddling” in the estate, which would definitely mean they couldn’t renounce the role if true. However, if such an action were to be considered as “intermeddling” in the estate, could they still have “power reserved”? (I’ve been trying to find out information on the internet about this and can’t seem to find a definitive answer).
Just suppose they had “intermeddled” by mistake and weren’t aware of it (and then tried to renounce the role when they shouldn’t), what would happen? Would they be forced to continue with the role or face any serious fines or similar?
Hope someone can help with this query or at least share any experiences they have had.

Yorkshireman99

It is intermeddling but if nobody says anything the chances of being found out a very samll. Just have him withdraw.

Keep_pedalling

There is no formal paperwork required to withdraw to withold powers, the other executors just need to declair that on form PA 1. They should provide this in writing to the other executives, so that there is something recorded in the unlikely event that anyone queries it.

I would withhold rather than withdraw, just in case something happens to the other executors.

badger09

I think the executor in question should simply 'reserve powers' and put this in writing to the other executors.

Then before swearing the oath, those applying for Probate need to inform the one who has reserved that the application is being made.

AnotherJoe

My brother reserved, I did the probate.
He still took the death certificates into a couple of banks to release funds. One required a letter from me authorising this.
Whether it's technically intermeddling or not I don't know, after all who's to say that he wasn't my agent acting on my behalf (which in effect he was).