Clarification please

inkie1

My dad died last month and i find myself in the position of tackling probate.

Context dad had a will and named his partner as executor and if she wsnt able to act or pte-deceased etc, then named me as executor.

Partner and I are equal beneficiaries.

His partner is deaf and not online. I have been doing all the usual death admin and funeral, registering death etc, informing DWP etc, and now our thoughts turn to tackling probate. Ive done the calculation and its an excepted state. Very simple - sole bank account and no property.

Partner is clear that she wants me to act (thinking power reserved -not renunciation). I, happy to do so. Does this mean that she needs to appoint me as attourney to act on her behalf, even though I am named as a dep executor?

Any wisdom welcome. Thank you.

poseidon1

Power reserved process explained below

https://withfarra.co.uk/guides/power-reserved-executor

If using form PA1P for the probate application you will be electing reason C at box 3.6 on page 12 of the form below -

https://assets.publishing.service.gov.uk/media/67b6f6ab78dd6cacb71c6a3e/PA1P_0124_citizen.pdf

However, since there is only cash at bank have you already established that probate is actually needed to access the balance?

inkie1

Yes as its above the banks threshold. But below IHT threshold

Would i put myself down as an executor then or as respresentative (attourney)?

Thank you

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82158444#Comment_82158444

All covered in the PA1A.

You are both named executors but only you are applying for probate. Did you not look through the form and see what box 3.6 is all about?

p00hsticks

https://forums.moneysavingexpert.com/discussion/comment/82158444#Comment_82158444

It might be worth double checking with the Bereavement department of the bank in question before applying for probate, .

If the amount in the account is not that far above their stated probate limit,and the only reason you are having to apply for probate is to gain access to this money, they may be able to exercise some discretion and release the money without it - point out that it;s going to cost the estate £526 just to get this money otherwise.

Sapindus

https://forums.moneysavingexpert.com/discussion/comment/82158524#Comment_82158524

Presumably not. Lots to take in. Be nice.