Executor applied for Sole Probate and didnt inform other Executors

[Petsgalore]

I am named as a joint Executor of my parents Will, I have discovered that a sibling has applied for Probate solely on their name without my knowledge and it has been granted, is it legal to do this?

Are you both executors and beneficiaries?

Yes

i thought you had to complete a form to say that although a named executor, you did not wish to act. Seems a little odd to me that probate has been granted and will had to be submitted with the application and no query has been raised re no documentation from other named executor that they do not wish to act.

Sibling could have forged their signature.

However applying for probate is a pain in the bum and gladly avoided. The bigger question is has sibling administered the estate as stated in the will.

Have you seen the probate grant?

Thank you for replying, I had not signed anything, have now discovered through the solicitors that Probate has been granted solely in other Executors name with “Power Reserved for other Executor” Im not sure what that means

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

I suspect this may be the case, Im not sure if I need to get some legal advice

Three of us were named on our parents' wills as Executors. One decided he was happy for the other two to deal with everything, as far as I can recall he had to sign a document to this effect. This is what Power Reserved for other Executor means. He agreed that we could act without him, but it was still acknowledged that he was an Executor and could change his mind if he so wished. I think you need legal advice.

Thank you, thats what I thought that I should have been asked to sign something, the property has not been sold yet as sibling is stalling with this and being obstructive which I how this has come to light, I will contact a solicitor and see if I can get some advice

I did this
My brother just gave me a letter to say he was happy for me to deal with it. I didn't need a signature from him or anything like that. We did it the other way around when our father died as I was heavily pregnant and NC with him anyway so didn't want anthing to do with it so we agreed it was my turn
The letter was never asked for or checked and I could have even written it myself

When you apply, if there are other executors who aren’t applying you have to sign a statement to the court (probate registry) confirming that you’ve informed those executors in writing. If your sibling didn’t inform you, they’ve obtained the grant of probate under false pretences. Definitely get legal advice. They might be careless rather than malicious though.

I didn't even know I was an executor to my father's will, until I downloaded it after probate. The other executor somehow managed to do it all without informing me.

I've just had a look through some of the paperwork I have from when dad died. The 3 of us had to attend the solicitors together where the original Will was held to provide proof of who we were, before they would release the Will to us.

We filled in a probate form and on this you state who the Executors are. On there, you have to specify if an Executor wishes to be excluded and say why. There are several reasons listed, you choose one.

You are also asked on the form where you wish to swear on oath that the details provided are true and correct. This can be at a solicitors or at a probate office. We went back to the solicitors. I am assuming they gave us something to send off to probate, but I cannot recall exactly what it was. Once this is done, a copy of the Will with the declaration attached is - this is where you will have seen 'Power Reserved for other Executor.'

She has gone through a lot of steps to exclude you, including swearing on oath and incorrectly declaring this on the probate form.

Hope this information helps.

I’d go to the police and also speak to the solicitor about this. Highly illegal and fraudulent

As I stated upthread I didn't have to do this to do Probate on my own, I just had to fill in a form to say I was doing it on my own and had informed the other Executor in writing, no oaths required

Really? It's actually printed on the probate form, you tick where you will be swearing on oath. It wasn't a choice to not go. Are you in the UK?

Yes I am
I did it 2 years ago and from memory we did go to the solicitors office together and showed ID to get a copy of the will and discuss it with The sols BUT then I filled in a form online to do Probate and had no signatures from my brother at all. I did sign to say I had informed him in writing that I was doing it - to be honest I hadn't we had just discussed it

DH had to sign something to say that just his sister was going to get probate for his DMs will.

I'm afraid the checks and balances with regard to wills and probate are woefully lacking.
However " power reserved" means that you can resume your position as an executor if you wish.
AI / Google says
"If the executor with power reserved wishes to become involved later, they will need to apply for a "double grant" to be issued to them, which allows them to participate in the ongoing administration. "

This means your sibling ticked the box that gives you the right to still apply for probate yourself at a later date.

They have not stated that you've waived your right to probate. I've just done all this for my nans estate.

Have you spoken to sibling and asked why they applied without doing it jointly with you?

It's all online now. Done it recently. No oaths sworn.

Thank you, this is really helpful, I will consult a solicitor to see where I stand with this as its not something I would have agreed to and my sibling knows this.

I will, thank you

Oh I see, thank you.