Joint executors - do we have to do everything together?

[Groveparker01]

Hi there

We just got probate through for my Dad's estate. So now I'm busy filling in forms for his various accounts and sending copies of the grant off.

My brother and I are executors - we are both named on the grant - and I can't find anywhere if we both have to sign everything or if I can just do it. Does anyone know?

It's not a massive issue if we both have to do it, but it's just a hassle as we live close but not that close!

We also both have LPA for our mum but I know with that we can each act individually and we have done in the past. I'm hoping probate is the same.

No, my sister and I are both executors for our recently deceased father. We don't live near each other so we're using a solicitor near to her home as she likes to be able to go in person as needed. I signed a form to say I agreed for r her to be the lead executor. I provided my name, address and phone number on the bank forms and posted them to her.

Thanks. We don't have a solicitor but I can still be lead executor I assume.

Yes but your brother will have to sign papers at some point to release any funds etc. It's a pain I know but done through the post, recorded delivery is quick enough. Hope it's not too long and drawn out!

Your brother can withdraw as executor with powers reserved - see here for an explanation: https://www.co-oplegalservices.co.uk/media-centre/articles-jan-march-2019/what-does-power-reserved-mean-in-probate/

I think there are a few circumstances in which this is not possible, including if any of the beneficiaries of the will are under 18 and the estate therefore involves trust arrangements. If in doubt check with a solicitor.

I was executor and my two brothers were named on the grant. They gave me permission to deal on their behalf. They didn't sign anything to do with the estate. All monies went into an account I opened when mum died. When her house sold I signed the contract and received the money which I then divided. So you can definitely do it alone. I just had to say I had applied for probate and they had power reserved. I wrote it out, signed it and sent it them via whatsapp

If the brother withdraws, then only the OP will be named on the grant of probate, so she can deal with it all with no signatures from her brother.

I am dealing with two estates at the moment (both parents); my co-executor withdrew and is not named on the grant of probate for the first one, but is named on the second (because of underage beneficiary) and it is a real nuisance as we live on opposite sides of the country and both have to sign everything, so there are lots of documents going back and forth in the post.

Both my brothers were named on the grant but didn't need to sign anything

Not at this stage he can't.

OP he will need to sign. Just do all the forms at the same time and get him to sign them all in one go rather than piecemeal.

I am currently doing inheritance tax forms, and will then do the probate form for my late DH. My BIL co-executor lives in another country. None of us thought this through properly! What I am finding is that almost every form I am sending off is scanned document via email, and certainly one of the insurance companies suggested I could scan the paperwork for BIL to print, scan and email back. This has speeded everything up and I wish I'd thought of it before. It has made needing 2 signatures and 2 lots of certified ID so much easier (and cheaper).

Actually we did that with the IHT forms. He did those and emailed them to me, I signed them, scanned them and emailed them back. That's a good idea.

We actually both live in London so with a bit of organisation we can coordinate signatures. Everything just goes to our mum anyway so there's not much distributing to do.

There is just such a lot of admin that anything that slows it down feels like another hurdle.

No DH dealt with his parent's estates

Why all the going back and forth in the post? Can't the documents be emailed, signed and scanned and emailed back?

Some providers want wet-signed originals.

DH and BIL were both executors and both had to sign everything. There was a lot of to-ing and fro-ing with 2 copies of documents.