Abuse of 'Power Reserved' status

Keep_pedalling

Above the hierarchy yes, but not those at the same level, so one sibling could apply alone without any involvement or permission from their other siblings.

RAS

When one of my siblings decided they did not want to be an admin, the solicitor insisted on having written evidence.

Nothing to stop those without a solicitor pulling a fast one and we've seen numerous cases here, some including admins and others executors.

lohr500

I'm following this thread with interest as it did seem strange to me when sorting out Probate on the passing of my father that I could effectively declare Power Reserved status for the other executors without their knowledge.

I assumed (wrongly it would seem based on this thread) that the Probate service team would seek confirmation from any reserved power executors that they had indeed agreed to step back.

I also wondered what would have happened if the solicitor's practice named as one of the executors had refused my request that they should renunciate.

gplion55

Yes, this is the whole point. At first glance it all looks nicely covered. I have asked and my solicitor told me that it is 'best practice' to contact other executors regarding Power Reserved and them using a Form PA25 to formally agree to having power reserved. It is apparently not compulsory, so a person (executor) wishing to gain unilateral control of the estate can abuse this situation. (It happens a lot apparently). I was told 'you can always apply to have your powers reinstated'..but I was never asked nor did I give my permission in the first place.

Mediation (trying to get the failing executor to act and to deal with the estate) has already cost about £6000.

Getting my powers back, and ensuring that everything is legally in order will cost about £1600.

That's not even counting the emotional damage and utter disrespect of my Father's wishes.
(conditions of the will have also been broken/ignored).

My only mistake was trusting that my siblings would actually deal with the estate correctly.

Blood may be thicker than water, but as you can imagine, this has completely destroyed my relationship with the executor and the other apparently complicit sibling.