How to Reserve Powers

Edwin2003

It’s ridiculous that one executor can do this without permission and probate office aren’t bothered to check. I find this especially contradictory as it appears the rules state, you can still be held responsible for errors in probate application/information, even if you haven’t completed it, just because you are joint executors. How on earth can this be right and lawful?

Keep_pedalling

Edwin2003 said:

It’s ridiculous that one executor can do this without permission and probate office aren’t bothered to check. I find this especially contradictory as it appears the rules state, you can still be held responsible for errors in probate application/information, even if you haven’t completed it, just because you are joint executors. How on earth can this be right and lawful?

What makes you think someone reserving powers has the same liability as those actually applying for probate. The probate form makes it clear that it is those people signing the application who are responsible for the accuracy in the application and who could be liable to prosecution if dishonest or untruthful information has been given. 

Edwin2003

I wasn’t sure to be honest. I am joint executor with my sister and she has done the application on line, she did send me a letter afterwards to say she had done it. She changed the POA in 2020 and put herself only as attorney for Property and Finance but left it as three sisters for Health and Welfare. Obviously I have not had access or anything to do with the finances of our late mother, who sadly died in March. I have been asking for a copy of the application for my records in case I ever need to refer to it, but sadly she has ignored my requests. I have no idea what the funeral cost or anything else for that matter. When I called the probate office I was advised as I was listed as reserved power, they could not discuss anything with me. I have not agreed to reserve power, so I was just trying to establish if I would be responsible for her entries as I hadn’t been involved. Thanks for your response.