As an executor / trustee, can i be forced to reserve powers?

AnotherJoe

microbiome wrote: »

The solicitors letter says "Your mother and brother instructed us in their capacity as executors to make an application for the Grant of Probate with power reserved to you."

Ah. Well thats subtly different to what you read into it then.
Whats happening is that mother and brother have told solicitor that you wish to reserve, perhaps expecting him to send you the papers to sign and you to do so.


It is NOT the solicitor saying they will arbitrarily (and illegally) force you to reserve.


I suggest as per others have said you write back to solicitor saying you remain as an executor and need to see the source documents from which the figures they have compiled the probate returns have come, as without seeing those you are unable to sign probate docs off since you cannot check they are correct.

GDB2222

It sounds like mother and brother have done a lot of work on the estate already, without any input from you. They then expected you to thank them and be pleased they’ve done it. Instead, you have started questioning whether they have done it right and asking them to do even more work to give you all the paperwork so you can check up on them. That’s how they see it.

You, on the other hand, feel that you have been excluded and wonder what they are hiding or what mistakes they have made.

Families, eh! Please don’t go to court over this. I expect the sensible course is to hold your nose and sign the papers. Otherwise, the estate could be deadlocked for months.

microbiome

Great, many thanks for your help. I will reply to them as you suggest. I am happy to sign the documents, but would just like confirmation on the items I requested. Thanks for all of your advice.

Tom99

AnotherJoe wrote: »

Ah. Well thats subtly different to what you read into it then.
Whats happening is that mother and brother have told solicitor that you wish to reserve, perhaps expecting him to send you the papers to sign and you to do so.

It is NOT the solicitor saying they will arbitrarily (and illegally) force you to reserve.

On the PA1P form the note re reserving power say:

Reason C - If any executors are having power reserved, 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 A.

It seems its only Reason D 'renounce' that the executor needs to sign anything, all that's require for 'reserve' is that the executor has chosen not to apply and has been informed.

microbiome

Yes this is what I am worried about Tom 99, if I don't need to sign anything, is there really nothing I can do about it? Is there a way to prevent this from happening?

Thanks

Mojisola

microbiome wrote: »

Yes this is what I am worried about, ie I can do nothing about it, but they can choose to leave me out without me signing any document. Is there a way to prevent this from happening?

You could 'encourage' them to be more co-operative by putting a caveat on the process -
https://www.gov.uk/stop-probate-application

microbiome

Thank you Mojisola. I will have a look at this.