Q&As

Can an executor who has taken out a grant of double probate act independently of the other executors?

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Published on LexisPSL on 04/07/2017

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Can an executor who has taken out a grant of double probate act independently of the other executors?

Can an executor who has taken out a grant of double probate act independently of the other executors?

An executor derives their title and authority from the Will of the testator and not from any grant of probate. The property of the deceased, including any right of action, vests in them on the testator's death. They cannot obtain a judgment before probate, not because their title depends on probate, but because production of the probate is the only way that they are allowed to prove their title.

If several executors are appointed, one or more of them may prove the Will without the consent or renunciation of the others, power being reserved to grant

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