Probate and Powers Reserved

shiraz99

There's no background to this, it was just something I was thinking about earlier and wanted to know what would happen in the following scenario.

If, for example there a two named executors and one (person agrees to have their powers reserved so that person A goes ahead and applies and is granted Probate. What happens when person A can no longer carry out their duties, for whatever reason, as executor. How does person B unreserve their power and do they then need to apply all over again for probate or can they act under the original grant?

Savvy_Sue

My understanding is that if someone goes "power reserved" then they can step back into action whenever they want. 

There's an alternative where they withdraw irrevocably from the process. That would need a 3rd person to step in and apply for "letters of administration with will attached" if the remaining executor could no longer act.

SevenOfNine

Savvy_Sue said:

My understanding is that if someone goes "power reserved" then they can step back into action whenever they want. 

That's what I thought, but this might say differently https://wedlakebell.com/executors-reserving-power-grant-probate/

All a bit contrsdictory/vague her though https://www.co-oplegalservices.co.uk/media-centre/articles-jan-march-2019/what-does-power-reserved-mean-in-probate/

Co-op seems to imply the 'reserved' just wanders back in if the want/need to.

I wonder if probate office might answer the question, interesting one. My brothers had power reserved because I wanted to act alone, I told them they could just step back in if they wanted to. Seems I might have been wrong!  I suppose it could be a problem, not their name on the Grant?

Double grant is mentioned here. https://www.justanswer.co.uk/law/izwjz-1-reserve-power-probate-formal-process.html

Keep_pedalling

Double probate will be required unless the other executor is in a position to make a trustee POA.

https://www.ts-p.co.uk/publications/power-reserved/download

shiraz99

Keep_pedalling said:

Double probate will be required unless the other executor is in a position to make a trustee POA.

https://www.ts-p.co.uk/publications/power-reserved/download

Yeah, I did come across the "double probate" issue, it sounded quite complicated.