Does anyone know if consent from the executor to whom power is reserved has to be obtained before an application can be made for a grant of probate to any other executors. I know it is sometimes used where a person lacks capacity to circumvent the need to have them formally removed. How do you react when a person comes to your office and just says the co-executor wants power reserved to them? Do you take that at face value or do you contact the co-executor at the very least (I don’t mean just serve them with the notice).
You don’t need consent but you do need to give the other executor notice that the first executor is applying for a grant. I think you have to confirm in the application that you have done so.
Andrew Goodman
Osborne Clarke LLP
I agree with Andrew but I would recommend asking your client whether they would agree to you writing to the other Executor first to confirm they want to have power reserved otherwise you risk this other Executor entering a CAVEAT at the Probate Register if they did want to apply for probate!
Thank you.
Kind regards,
Claire Flood.