Do you name substitute executors in Probate Application

benin

I am the sole executor named in my late wife’s will. If I fail there is provision for my oldest son to take over. If he fail’s it goes to my second eldest then third eldest.

I’m completing the probate electronic form and it asks

Are there any other executors named?

Should I include my sons names here?

I thought I probably should but later on it asks

Why is Joe Soap not applying for probate?

With two options for reply

Joe Soap is reserving the right to apply later (also known as holding ‘power reserved’)

Joe Soap is giving up their right to apply permanently (also known as ‘renunciation’)

As my sons are substitutes neither of these options seems to fit although the first is nearest

plantation_2

No need to mention

Keep_pedalling

Yes even back-up have to be named. There is nothing stopping you applying for probate jointly with one or all you sons but if you are going to do this alone then they should all be power reserved unless any of them are not prepared to take over in which case they should renounce.

benin

Two opposing views. I'll wait to see if I get any more before completion. Thanks

Gonk1967

No need to mention.

We've recently gone through probate for my father-in-law. My wife, his daughter was named as the sole executor, and I was named as the alternate if she wasn't able to perform the duties of the executor.

benin

In view of the conflicting information about whether or not to include substitute executors I decided to include them. That was the wrong decision. Today I received an email from the Probate Service which included the following two paras.

Please note, substitute executors AB, CD and EF are unable to hold power reserved as you are acting as primary executor. These executors would only be entitled to hold power reserved if you were unable to act.

Please confirm in writing that we are able to remove AB, CD and EF from this application in order for us to proceed with this application.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81996008#Comment_81996008

https://forums.moneysavingexpert.com/discussion/comment/82012031#Comment_82012031

Sorry, I gave you the wrong advice and thanks for the update and the definitive answer to the question.

benin

https://forums.moneysavingexpert.com/discussion/comment/82012105#Comment_82012105

No problem Keep_pedalling. ChatGPT gave me the same advice so you're in good company.