How to Reserve Powers

AprilKid

Hi everyone,
One of the named executors in the will, has not participated in the estate's affairs nor does she want to. She wants to reserve powers.
There's a HMRC form PA25, for renunciation of powers. But not one for Reserve Powers. 

How do we go about giving notice to that effect please?

Thank you

Marcon

AprilKid said:

Hi everyone,
One of the named executors in the will, has not participated in the estate's affairs nor does she want to. She wants to reserve powers.
There's a HMRC form PA25, for renunciation of powers. But not one for Reserve Powers. 

How do we go about giving notice to that effect please?

Thank you

If more than one executor is named in the will, you can choose not to apply now but reserve the right to apply later. This is known as holding ‘power reserved’.

Tell the person who’s making the probate application that you’re holding power reserved. You need to do this in writing.

Taken from https://www.gov.uk/applying-for-probate/if-theres-a-will

Simple as that!

AprilKid

Thanks Marcon.
So she needs to write a letter/note telling us, she's holding reserved powers. 
Do we, the executors, then hold onto that letter ourselves, or do we send it along to HMRC with the probate/iht forms ?

SevenOfNine

No, YOU write HER a letter.

The one I sent my brothers A & B, confirmed that they & me (C) were named as executors (& listed our full names & addresses),  in the will of "our mum's name".

"As discussed & agreed I would apply for probate in my sole name & they would have power reserved".

That was pretty much it, as per instructions in the probate  application under 3.6c (I listed A&B there). No copy of the letters had to go with the application, no confirmation that A & B had even had one.

They had of course, & I hand delivered them, no acrimony, it was just easier for me to handle it all alone.

p00hsticks

SevenOfNine said:

No, YOU write HER a letter.

That contradicts the government website link that Marcon has posted above. It also doesn't really make sense - it's not up to the other  executors (B) to tell (dictate to?) a person  (A) that that person (A) is reserving their powers. It should be the person who want to reserve their powers (A) writing to the other executors (B) to inform them that they wish to do so....

kipsterno1

I'm  with Seven of Nine on this unless its changed since October 2021. Its a shame the web pages don't have date stamps when they were last updated.

As one of two named executors we had a conversation and practical it made more sence for me to act alone. I followed the instructions on the probate application and wrote to the other executor to confirm that I was applying as sole executor and showing them as power reserved. 

As it is we have a good relationship and I double check all decision with them.

wizzywilc

Here's a sample letter to which I sent to co-executors who were unable/unwilling to act, after I had discussed this with them:

"Dear XXX,

Estate of YYY

This is to give you formal notice that as one of your co-executors I intend to make the probate application in my sole name. You have indicated that you will reserve your powers as executor. I am writing in identical terms to our co-executor ZZZ.

I should be grateful if you would acknowledge receipt of this letter and confirm in writing that you are reserving your powers as executor."

I also gave them a slip to sign and date "I xxx confirm that I wish to reserve my powers as executor to the estate of YYY".

I didn't send a copy to the Probate Office. The Probate application form includes space to name other executors who are reserving powers.. In my case it was much easier to act alone as one co-executor lived a long way away, and the other was  unwell, and it would have been very inconvenient to have to get their signatures for transactions.

AprilKid

Thank you very much to all of you. Really appreciated. 

SevenOfNine

p00hsticks said:

SevenOfNine said:

No, YOU write HER a letter.

That contradicts the government website link that Marcon has posted above. It also doesn't really make sense - it's not up to the other  executors (B) to tell (dictate to?) a person  (A) that that person (A) is reserving their powers. It should be the person who want to reserve their powers (A) writing to the other executors (B) to inform them that they wish to do so....

Can only say exactly what I did, using on line application & following the instructions there. The current application paper version that can be viewed still has it on with the instructions, in 36c   https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will

Edwin2003

Is it allowed for one executor to complete the online probate application and reserve power for the joint executor without their permission and knowledge?

poppystar

Edwin2003 said:

Is it allowed for one executor to complete the online probate application and reserve power for the joint executor without their permission and knowledge?

You’d think not but a friend of mine has just done that and no one from HMCTS has contacted the executor reserving his powers to check. Thankfully it is all amicable and the reserving was agreed in advance.