Q&As

What is the position where a notice of reservation of power has been served on an executor but before the grant is applied for, the person to whom power has been reserved decides they want to act as an executor? Can they proceed as normal with the other executors if the other executors are happy for that person to do so?

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Published on: 14 March 2017

An executor who does not wish to take a Grant of Probate may have ‘power reserved’ and so not be involved in the application for the grant. If circumstances change after the grant has been issued to the proving executors, the executor to whom power has been reserved may apply for a grant of double Probate.

In relation to the initial application for the grant and subject to

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Jurisdiction(s):
United Kingdom
Key definition:
Grant of Probate definition
What does Grant of Probate mean?

The representation'>grant of representation obtained where the deceased left a valid Will appointing one or more executors who are able and willing to prove the Will.

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