Reactivating Power Reserved

G_M

https://wedlakebell.com/executors-reserving-power-grant-probate/

There is another option. Instead of renouncing probate they can have “power reserved”. Under this procedure the remaining executors obtain the grant of probate, and it is their written authority which will be required to deal with the sale or transfer of bank accounts, investments and other assets, and it is their responsibility to pay all debts, liabilities and taxes.

But by reserving power the executor who has not initially applied for the grant of probate retains the right to prove the Will at a later stage. This is achieved by making a separate application to the Probate Registry leading to a grant of double probate. Thereafter any documentation will need to be signed by all of the executors.

G_M

No idea if this is relevant/helpful - I just found it by googling....


https://www.resolver.co.uk/companies/oxford-district-probate-registry-complaints

Tom99

G_M wrote: »

Guidance Notes
for Probate Application Form PA1

Did you sign this form? It is form PA25.

If not, the assumption must be that he forged your signiture which is a serious ofence. Contact the Probate Office to lodge a complaint against him.

If yes, you agreed to your brother acting as Executor. You would have to unreserve your power. However I suspect that it may be toolate for this as I imagine Probate has already been granted (in your brother's sole name).

[FONT=Verdana, sans-serif]That wording has changed, a few years ago it said:[/FONT]
[FONT=Verdana, sans-serif]
[/FONT]“[FONT=Verdana, sans-serif]Note 3.7 – [/FONT]we need to know why any executors aren’t included in this application. If any executors aren’t included, you must notify them of the application in writing. The Grant of Representation will only be issued to those people named as applicants in section 6.
[FONT=Verdana, sans-serif]The attorney of one executor and an executor acting in their own right may not jointly apply for a Grant of Representation. [/FONT]
[FONT=Verdana, sans-serif]Reason D – if you state that an executor has given up their right to apply, when we receive this application we will send another form to you to give to the executor, for them to sign”[/FONT]
[FONT=Verdana, sans-serif]
[/FONT]
[FONT=Verdana, sans-serif]So Reason C did not require a signature.
[/FONT]

G_M

Tom99 wrote: »

[FONT=Verdana, sans-serif]That wording has changed, a few years ago it said:[/FONT]
[FONT=Verdana, sans-serif]
[/FONT]“[FONT=Verdana, sans-serif]Note 3.7 – [/FONT]we need to know why any executors aren’t included in this application. If any executors aren’t included, you must notify them of the application in writing. The Grant of Representation will only be issued to those people named as applicants in section 6.
[FONT=Verdana, sans-serif]The attorney of one executor and an executor acting in their own right may not jointly apply for a Grant of Representation. [/FONT]
[FONT=Verdana, sans-serif]Reason D – if you state that an executor has given up their right to apply, when we receive this application we will send another form to you to give to the executor, for them to sign”[/FONT]
[FONT=Verdana, sans-serif]
[/FONT]
[FONT=Verdana, sans-serif]So Reason C did not require a signature.
[/FONT]

Ah!
I can see why they changed the process!

Thrugelmir

As an executor of my late mothers estate. I obtained written confirmation from the others (family members) that I had authority to act on their behalf.

Catterpillar

I did not sign anything and I never received notification from my brother or anyone that I was relegated to power reserved. This is a much bigger mess than I anticipated.
How do I find a competent solicitor? I have heard such horror stories
You have all been incredibly kind in helping me
I thought I could trust my brother it seems i have made a costly mistake

Catterpillar

Should I apply for a double probate at this stage?. It's the house and my son's money that hasn't been dealt with. I was hoping to get my son's £5000 from the sale of the house

AdrianC

So, umm, what did you think had been happening with this house for the last five years? Did you think it'd been standing empty, unmaintained, with all utilities cut off and council tax unpaid?

agrinnall

Catterpillar wrote: »

Should I apply for a double probate at this stage?. It's the house and my son's money that hasn't been dealt with. I was hoping to get my son's £5000 from the sale of the house

You were told in post #2, #3, #5, #9 and #10 to consult a solicitor. In my opinion you would be daft not to do so before taking any other steps.

Catterpillar

On thank you i was just hoping to keep costs down by doing what ever i could myself.
My brother told me the ceiling came down when bath was left on and there was no money to cover it but he was dealing with it. Nieve i know but he is quite aggressive and I didn't want to upset him