Probate, bank account, power reserved

Rhiannonbird

Hi

My Mum passed away last week. Her will is all in order and we are currently waiting for the death certificate so I am away I am a bit limited on what I can do right now. My sister lives in Australia and is currently back in the country. We are both named as executors on her will. Due to where she lives, I intend to arrange Power Reserved with her due to the logistics of managing her estate. Firstly, does anyone have any rough wording for us both to complete to record this decision? I have already looked through the probate form so I am aware of what I need to fill in to note this. When she agrees to Power Reserved, do I only place my name as the applicant?

Secondly, I have yet to contact my Mums bank to inform them of the death. Is it best to wait until I have the Power Reserved and have applied for the Probate for this? I am unsure as I will be setting up a separate bank account for her estates to go into, but I do not know whether it will be ok just in my name or whether to open it in mine and my sisters name? My sister obviously has no proof of address for in the UK, and neither does she have proof of her address in Australia as when she left to come back to the UK it was not expected for my Mum to pass away, she was hoping to see her in the hospital. 

Thank you in advance, this is all overwhelming. 

Savvy_Sue

I am sorry for your loss: it must be very difficult for you both.

For the second question, the bank may well want to see the death certificate, but you shouldn't wait for it to notify them of mum's death - tell them as soon as you can. You could either go into a branch if that's convenient, or phone and ask for the bereavement team - always ask for the bereavement team with large organisations or even small ones, because it puts them on notice to treat you compassionately, and they tend to know what needs to happen and do it! 

Keep_pedalling

There is no need for any specific documentation with power reserved, you are just required to notify the executor with power reserved, in writing, that the application has been submitted.

On the probate form you name your sister as an executor who is not applying under reason C (reserved power), only you sign the application.

https://assets.publishing.service.gov.uk/media/65a900ce94c9970013aeb9c6/PA1P_0124_citizen.pdf

As for the bank notify them ASAP via their bereavement department.  

RAS

Since your sister is reserving her power and has to return home, maybe ask if she'd like to phone the bank and Council, so she feels she has contributed something to the process? She may not be you've offered to include her in the process.

kipsterno1

Very similar to my situation. I remember reading that I needed to inform my sister by letter that I intended to apply for probate with her having power reserved. Despite having a good relationship I followed this as another sibling was looking to pick at anything they could. I wrote a very simple letter saying just that.