Q&As

A grant of probate has been issued with powers reserved to an appointed executor under a Will. How can the executor obtain full powers?

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 01/10/2020

The following Wills & Probate Q&A produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • A grant of probate has been issued with powers reserved to an appointed executor under a Will. How can the executor obtain full powers?
  • Reservation of power to non-proving executor(s)
  • Consequences of grant with power reserved
  • Application for probate

A grant of probate has been issued with powers reserved to an appointed executor under a Will. How can the executor obtain full powers?

Reservation of power to non-proving executor(s)

A person appointed as executor under a Will is not obliged to accept the appointment. If they do not wish to accept the role, there are two options. They can renounce probate (unless they have intermeddled) or a grant of probate can be issued to one or more executor(s) with power reserved to the other executor(s) to apply for a grant at a later date.

On the application for probate by the proving executors, notice should usually be given to the executor(s) to whom power is to be reserved and the application for probate must state that notice has been given (the Non-Contentious Probate Rules 1987, SI 1987/2024, r 27(1) (NCPR 1987)). The district judge can dispense with notice if they are satisfied that the giving of such notice is impracticable or would result in unreasonable delay or expense (NCPR 1987, SI 1987/2024, r 27(3)).

Specific rules about notice apply to partners in a firm (NCPR 1987, SI

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