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Will executor, power reserved wording for England

4 replies

NumberTheory · 10/07/2023 02:02

I’m joint executor with my brother for my late mother’s estate. I live in another continent and so we want my brother to apply for probate and be the executor with me holding my powers in reserve. I understand I need to write a letter for him to present when applying for probate but am unclear if there is a particular form of words that is necessary or if any plain English will do the job.

Can anyone point to some examples? (Or correct me if I’m wrong about the process!)

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Bromptotoo · 10/07/2023 11:42

Is this any help?

https://www.gov.uk/applying-for-probate/if-theres-a-will

A number of sites refer to a form PA25 and offer so sell editable versions but I cannot find it on .gov or Oyez who, historically, were the go to for legal forms.

NumberTheory · 10/07/2023 13:28

Bromptotoo thank you for responding. I’ve looked through that link before. While it mentions that an executor can hold power in reserve, I can’t find anywhere it tells you how to do it!

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rcat74 · 10/07/2023 14:05

You don’t need to present the letter. You just need to say it’s been sent.It’s called a notice to non-proving executor. ‘ He just needs to write to you saying he is applying for a grant in your mother’s estate (name her and give date of Will) and power will be reserved to you. Both of you sign and date it.

NumberTheory · 11/07/2023 02:55

Ah. Thanks rcat74. That sounds simple enough.

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