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    • MaddyWest
    • By MaddyWest 9th Apr 18, 9:58 AM
    • 8Posts
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    MaddyWest
    Probate: Reserving Power
    • #1
    • 9th Apr 18, 9:58 AM
    Probate: Reserving Power 9th Apr 18 at 9:58 AM
    I, my brother and my mother are named as executors in my father's will. We are spread around the country, so getting everyone together is awkward. Also, our mother isn't really up to making decisions, or doing executor-type work. I have a couple of questions:


    1. We intend for Mum to Reserve Power. The PA1 form says we need to inform her in writing about the probate application, is there a standard form of words for this? We are thinking of her Reserving rather than Renouncing as it seems a bit simpler, is there any disadvantage to this?


    2. We're also wondering if it makes sense for my brother to reserve power as well, as I have been doing most of the work on the will. However, he has filled in and sent off the form for repayment of Premium Bonds to the NS&I, does this mean it is too late for him to reserve power (due to inter-meddling)?


    3. If both myself and my brother apply for the Grant of Probate, how do we go about swearing the Oath as we are at different ends of the country - or do we have to do it together? And how do we indicate this on form PA1?


    thank you
Page 1
    • Tom99
    • By Tom99 9th Apr 18, 10:21 AM
    • 2,248 Posts
    • 1,525 Thanks
    Tom99
    • #2
    • 9th Apr 18, 10:21 AM
    • #2
    • 9th Apr 18, 10:21 AM
    Providing you are all happy to trust each other, your mother and brother should reserve.
    It will make things much easier, its not just the oath, that can be overcome, but banks, solicitors, insurance co etc will probably all require your both to sign everything if your brother remains an executor.
    • MaddyWest
    • By MaddyWest 10th Apr 18, 9:12 AM
    • 8 Posts
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    MaddyWest
    • #3
    • 10th Apr 18, 9:12 AM
    • #3
    • 10th Apr 18, 9:12 AM
    Thank you, yes there are no conflicts between the executors. I was wondering if my brother having already contacted the NS&I as an executor means that it is too late for him to reserve?
    • Yorkshireman99
    • By Yorkshireman99 10th Apr 18, 9:14 AM
    • 4,246 Posts
    • 3,469 Thanks
    Yorkshireman99
    • #4
    • 10th Apr 18, 9:14 AM
    • #4
    • 10th Apr 18, 9:14 AM
    Thank you, yes there are no conflicts between the executors. I was wondering if my brother having already contacted the NS&I as an executor means that it is too late for him to reserve?
    Originally posted by MaddyWest
    In theory yes but if he says nothing it should not be a problem.
    • Rubik
    • By Rubik 18th Apr 18, 3:27 PM
    • 78 Posts
    • 184 Thanks
    Rubik
    • #5
    • 18th Apr 18, 3:27 PM
    • #5
    • 18th Apr 18, 3:27 PM
    Thank you, yes there are no conflicts between the executors. I was wondering if my brother having already contacted the NS&I as an executor means that it is too late for him to reserve?
    Originally posted by MaddyWest
    It would only be a problem if you were seeking him to renounce rather than reserve his powers. Once an executor has intermeddled in an estate (undertook any work relating to the estate) then the executor can only be renounced via court order.

    Reserving power means that the executor is still an executor, but doesn't have any involvement in carrying out the estate administration but can (if required) be involved in any decision making.
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