Grant under a Power of Attorney

Trusts Discussion
1

I am dealing with an estate where the two executors are resident in France, in order to progress matters they each appointed someone in the UK to extract the Grant of Probate on their behalf one of whom is a Solicitor. The Grant was taken out jointly by the two appointed people on behalf of the two original executors. There have been some difficult issues involving a tenant in the estate. There is some disagreement between the parties as to what action should be taken in order to progress matters and the original executors seem unwilling to accept the advice given on how best to proceed. My query is where do the two people who have taken out the Grant stand? Are they only allowed to take instruction from the original executors and any action taken be agreed by the original executors or as they have sworn the oath and agreed to administer the estate in accordance with the law, are they able to take the necessary steps to administer the estate as they see fit? Does anyone have any thoughts on the matter or had any experience with a similar scenario? Thanks

Paula Parkin
Kitching Walker

2

My view is that the appointed PRs are not nominees for the original executors, and that their primary duty is to administer the estate and to account to the court if called on to do so. Therefore they should explain to the original executors the action they propose to take and why and say that the original executors should take separate advice if they disagree. Of course its always better to try to have consensus but if that cant be achieved it should not be allowed to prevent due administration of the estate.

Simon Leney
Cripps LLP

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