Wills with more than one executor

[Deejay]

Afternoon all

I am named as one of two executors of a will.

Does anyone know if this means that all transactions and documents need authorising by both of us?

The reason I ask is that I live in Wiltshire and the other executor is in Birmingham. Electronic communication between us is not an option, so snail mail wwould be involved.

Cheers

Dave

 

[AndyP]

Hi Dave,
I’m going through this myself at the moment. I’m in France, the other executer, my brother in the UK.
You can ask to have “power reserved” which alleviates the need for both executors to sign off everything. We did this via the solicitor.

 

[Blackswanwood]

The will nominates who are to be the executors but the Grant of Probate specifies who has actually been appointed as an executor. Not all nominated executors need apply for Grant of Probate.

A "power reserved" letter is signed to recognise that a nominated executor has decided not to be appointed/apply for Grant of Probate but reserves their right to do so if they change their mind. As Andy has said this negates the need for both to sign as there is only one executor. The downside is that all the signing (and potentially the bulk of the correspondence workload) sits with the person who is the executor.

The forms to do this are on the .gov website but as per Andy's post I'd suggest talking to a solicitor.

 

[Lons]

The will nominates who are to be the executors but the Grant of Probate specifies who has actually been appointed as an executor. Not all nominated executors need apply for Grant of Probate.

A "power reserved" letter is signed to recognise that a nominated executor has decided not to be appointed/apply for Grant of Probate but reserves their right to do so if they change their mind. As Andy has said this negates the need for both to sign as there is only one executor. The downside is that all the signing (and potentially the bulk of the correspondence workload) sits with the person who is the executor.

The forms to do this are on the .gov website but as per Andy's post I'd suggest talking to a solicitor.

As above
We're doing exactly that at the minute in respect of my late mother in law's estate. My wife and her brother both executors, weve appointed a solicitor to handle probate and apart from signing the forms and being kept informed her brother is handling it and we discuss and help where needed.

 

[AndyP]

I’m not in a fit state* to dig out the actual letter but I am sure there is a duty for the solicitor to keep me informed so all communications (by email) have to be sent to both of us even though it only needs my brother to sign when required.


*man flu with a vengeance and to make things worse MrsP has the feminine equivalent.

 

[Blackswanwood]

I’m not in a fit state* to dig out the actual letter but I am sure there is a duty for the solicitor to keep me informed so all communications (by email) have to be sent to both of us even though it only needs my brother to sign when required.


*man flu with a vengeance and to make things worse MrsP has the feminine equivalent.

That is the case Andy. You are kept informed so that if you feel the need or want to step in you can.

 

[eezageeza]

Did this a few years ago when my brother and I were named as executors in my late mothers will. Bro lives in France so couldn't play much of a part in the admin, so I did it all myself.

Its a steep learning curve to understand how it all works, but all the info you need is on gov websites, so if you to want to do it, you can.

(Solicitors were quoting between 2 - 5% of the estate to do the work for us, so I figured it was worth the effort).

 

[Deejay]

Morning all

Thanks for the information. I'll have to speak to the other executor when the time arrives.

Cheers

Dave