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Substitute executor
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Essex123
Posts: 160 Forumite


My mother has recently passed away, appointing my father as executor and myself as substitute executor if he is “unable or unwilling to act”.
Due to age, he will find it difficult to fulfil the responsibilities and I am happy to take them on. There are no other named executors.
Reading up there seem to be 2 options but I want to make sure I understand them before discussing them with him.
1) renunciation via form PA15
2) he continues to be an executor but with powers reserved
Option 2) looks preferable as it allows him to keep a token involvement in line with my mothers wishes.
Where I am not clear is:
1) can the powers reserved process be used where the only other executor is a substitute?
2) it doesn’t look like powers reserved need to be registered other than in 3.6 on the probate form using code C?
3) if we go down this route, will banks, building societies etc be happy to deal with me in compiling the list of assets prior to applying for probate?
Thanks!
Due to age, he will find it difficult to fulfil the responsibilities and I am happy to take them on. There are no other named executors.
Reading up there seem to be 2 options but I want to make sure I understand them before discussing them with him.
1) renunciation via form PA15
2) he continues to be an executor but with powers reserved
Option 2) looks preferable as it allows him to keep a token involvement in line with my mothers wishes.
Where I am not clear is:
1) can the powers reserved process be used where the only other executor is a substitute?
2) it doesn’t look like powers reserved need to be registered other than in 3.6 on the probate form using code C?
3) if we go down this route, will banks, building societies etc be happy to deal with me in compiling the list of assets prior to applying for probate?
Thanks!
0
Comments
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I don't know the answer for question 1). I think you are right on question 2).
On question 3) having just gone through this process, the only time most banks, building societies and insurers will want to see the will appointing you as executor is when they are about to pay you. For merely gathering information, they generally seem to be happy to deal with you on the basis of the death certificate. If you don't want to bother your father to sign forms, you could wait until after obtaining a grant before requesting any payments.1
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