Probate application - executor

2stixoftwixes

Hi

I'm applying for probate over my husband's estate (needed due to company shares)

I'm near the end and adding info about the will

I am the named executor, but it also states

Are there any other executors named?

You must make sure to include every executor named in the will, including anyone who:

• has died
• is not applying for probate
• has given up their right to apply

My daughter is named but only if I am unable or unwilling to act (or I've died)

If I state in probate form that she is named It says she will then need to fill out form / sign a PA15 renunciation form

I'm confused, as I have used AI and it states that this is only needed if

The system only triggers the PA15 form message because it thinks your daughter is a joint primary executor who is actively refusing to help you. [1]Because she is only a substitute executor who steps in if you cannot act, she does not need to fill out or sign a PA15 renunciation form. Her right to act hasn't even been activated.

Please can I have confirmation - if she is needed or not

Gonk1967

I was named as an "alternative" executor in my father-in-law's will if my wife wasn't able to perform the duties.

You are not required to include her if you are willing and able to perform the duties of the executor.

benin

I posted this on another thread

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.

2stixoftwixes

It's not written very well is it?

as it says

• is not applying for probate

and she isn't - but she is named!