Power Reserved - do yo need express consent or is serving a notice sufficient

Do you have to expressly obtain consent from the executor to whom you have served notice on to name them as power reserved in a probate application or is serving the notice sufficient.

I have an executor who has stated he has not received the power reserved notice and was not aware probate had been granted and he did not consent to the grant being taken out.

The executor only needs to be given notice – r.27(1) Non-Contentious Probate Rules 1987.

Whilst their consent is not required, in the interests of avoiding potential conflict, it would usually be prudent to liaise with them before the grant application is made. If they want to act and have to apply for double probate to do so, that will only increase costs.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

Thank you for your response it was really helpful.