A grant of probate may be obtained by any of the executors appointed in the Will who are not under any legal disability subject to giving notice of the application to all coexecutors. The two executors who wish to apply for Grant of Probate would, therefore, be free to submit their application for probate, notifying the third executor. The executor wishing to take out the attorney grant could equally submit their

As explained in Practice Note: Appointment of personal representatives, an executor may be appointed in one of the following ways: • by an express appointment in a Will • by a term in a Will which implies such an appointment • by a person or persons nominated in the Will to appoint executors, who, if so authorised, may appoint themselves, or • through the chain of representation Subject to the terms of the Will, an executor appointed by Will is not generally able to renounce probate while specifying who should be appointed

We refer you to the following Q&As: • Can an executor serve a section 42 notice under the Leasehold Reform, Housing and Urban Development Act 1993 prior to a grant of probate being

We refer you to the following resources that will help in your research: • section 14(1) of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), which states: 'Any person who is a trustee of land or has an interest in a property subject to a trust of land may make an application to the court for an order under this section' • TOLATA 1996, s 18 which states: 'The provisions of this Part relating to trustees, other than sections 10, 11 and 14, apply to personal representatives…' • Practice Note:

An executor can claim privilege in court proceedings, but the scope and application of such privilege depend on the context and the nature of the documents or communications involved. Legal professional privilege (LPP), which includes legal advice privilege and litigation privilege, generally belongs to the client, and in the case of a deceased individual, this privilege passes to their personal representatives, including executors. Executors, therefore, have the authority to assert or waive privilege on behalf of the deceased’s estate, provided they act within their legal capacity and in accordance with the estate's interests. Legal advice privilege protects confidential communications between a solicitor and their client for the purpose of obtaining legal advice. Upon the death of the testator, this privilege transfers to the executor, who may assert or waive it as necessary. For example, in the context of probate disputes, executors may

The duties and powers of personal representatives The duty of personal representatives is to collect and get in the real and personal estate of the deceased and administer it according to law: section 25 of the Administration of Estates Act 1925 (AEA 1925). For these purposes, they have a wide variety of powers enabling them to manage, sell, distribute and otherwise deal with the property of the deceased. See AEA 1925 and generally: Personal representatives—overview. Also, see Practice Note: Personal representatives—authority prior to grant of representation. The authority of personal representatives The executor’s title and authority derives from the Will. The property of the deceased vests in the named executor(s) at the date of the testator’s death. It is therefore from that moment that the above powers of the executor become exercisable. This is in contrast

The terms of a Will may be disputed on the grounds that either the Will is invalid or specific provisions of the Will have failed, are invalid or should be construed in a particular way. Any person with an interest in the estate, whether they are an executor under the Will or a potential beneficiary, is entitled to issue such a claim. An executor is not obliged to act under a Will they believe to be invalid. Therefore, they are unlikely to have a reason to seek a decree pronouncing against the validity of the Will. However, it may be appropriate for them to do so, for example, if they are also the executor under a previous Will, which they believe to be the last valid Will.

An executor's authority to act on behalf of the estate arises on the date of death, not the date of the grant of representation. The authority of an administrator, on the other hand, arises only from the grant of representation. For further information, see Practice Note: Personal representatives—authority prior to grant of representation. An executor could therefore execute a new lease prior to a grant of probate, as lessor, but, in practice, the lessee may require that the executor produces a grant of probate, to give the lessee

The executor’s authority The title and authority of an executor derive from his appointment in the deceased’s Will. The property of the deceased vests in the named executor(s) at the time of the deceased’s death so that probate is said to ‘relate back’ to the death. This is in contrast to the position of an administrator on an intestacy whose title and authority derive from the grant of letters of administration. See: • Personal representatives—overview • Grant of probate/administration—flowchart • Practice Note: Personal representatives—authority prior to grant of representation The grant of probate is evidence of the executor’s title. ‘… if it becomes necessary for the executors to prove title to the property, a grant of probate must be produced, because only by virtue of such a grant can the Will (and therefore the executors’ title) be proved in a court of law’ (Redwood Music Ltd v Feldman

The role of executor is a significant one and involves potential personal liability and risk as well as a large administrative role, though this may sometimes be delegated to a solicitor instructed by the executor. Executors have both common law and statutory powers and obligations. The common law powers are fiduciary in nature and therefore can only be exercised in the interests of the estate as a whole and in good faith. Specific fiduciary duties include the obligations: • to administer the estate faithfully in accordance with the terms of the Will and the law • to act honestly and to exercise

The general principle is that trusteeship is an office of personal confidence and generally, a trustee is in general, not entitled unless the settlement so provides, either to abandon it at will by retiring or to commit its exercise to others. As stated by Lord Langdale in Turner v Corney, ‘Trustees who take on themselves the management of property for the benefit of others have no right to shift their duty on other persons; and, if they employ an agent, they remain subject to responsibility towards their cestuis que trust, for whom they have undertaken the duty.’ This general principle applies not only to trustees of inter vivos settlements but also to executors and other personal representatives. There are exceptions, and in this scenario the relevant one is most probably that set out in section 25 of the Trustee

Section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides a qualifying tenant with the right to a new lease of the flat on the following terms: • For a term of 90 years plus the remainder of the term of the existing lease • At a peppercorn rent In order to compensate