Some guidance would be appreciated. We have a Will that named three living trustees and stipulated that any two could act. One permanently lives overseas and the other two in the UK are seeking to apply for a grant of probate. The form PA1P at para 3.6 requires any “trustees” named but not making the application to be listed, but the reasons given (3.6A-F) for them not making the application do not seem to match the scenario we have. Does anyone know how this might be dealt with to avoid the application stalling?
Surely a simple Reserving of Power with the appropriate notice…
Isn’t the easiest option to tick “Box C” (ie power is reserved by this executor assuming no renunciation). Explaining that only two executors are required, not three, and the reservation is that of the overseas executor.
Malcolm Finney
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Thank you for the suggestion.
That makes sense but necessarily means potential delay in getting confirmation from the third executor overseas that powers are reserved. Thank you for the practical guidance.
You just have to notify them in writing that the other executors are making an application.
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