If there are multiple executors of a will, they must all agree on who among them will apply for probate. A lead executor can be the point of contact for the application but all executors must be named on the application.
When a testator (person who writes a will) appoints more than one executor, each holds equal authority and power. It is their role to carry out the deceased’s wishes and the estate administration.
Below we look at who applies for probate and the pros and cons of joint executors.
Do All Executors Need to Apply for Probate?
According to the UK Government, if more than one person is named as an executor, they must all agree on who makes the application for probate. One executor can be appointed as lead, becoming the main point of contact for a more seamless process.
Multiple applications for the same estate from different executors will not be accepted by the Probate Registry.
All executors must be named on the grant application. If only one executor is named on the forms, they must prove that they tried to contact all executors named in the will.
How Many Executors Can You Have?
Only one executor is required to apply for a grant of probate. However, there isn’t a limit to the amount of executors you can name in your will.
When making a will, you should consider the executor’s responsibility and nominate someone you trust. They will be in charge of probate and estate administration when you die. You can choose a substitute or backup executor in the event your initial choice cannot carry out the role.
Is There a Limit?
Although you can name multiple people as executors, probate can only be granted to a maximum of four executors.
Pros and Cons of Joint Executors
There are benefits to naming multiple executors. These include shared responsibility and potentially a quicker process. Different perspectives and combined expertise can be beneficial.
Joint or multiple executors are beneficial if one of the named executors has not reached legal age. Under the Senior Courts Act 1981, a minor cannot act as executor nor apply for probate until they are 18 years old. Additionally, if one executor opts to step back, there is already someone in place to continue the process.
You must consider the challenges when joint executors are appointed. These include potential conflicts or disputes, which can increase the time it takes to complete the process There may be logistical hurdles with multiple people handling documents and applications.
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Options if an Executor Does Not Wish to Act
If a nominated executor does not wish to carry out the role, they have two options:
Power Reserved
“Power reserved” is an option if an executor wishes to temporarily step away from the role. They will not renounce their duties entirely and can return to the role later. It is a legal mechanism under the Non-Contentious Probate Rules of 1987. To utilise it there must be at least one other executor willing to continue with the administration of the estate.
It can be used in the following circumstances:
An executor is unwilling or unable to act immediately (for example, they live abroad)
If there are multiple executors and one wishes to defer their involvement
Renunciation
If an executor does not want to fulfil their role in any capacity, they can renounce their position. Renunciation does not affect inheritance rights for executors who are also beneficiaries.
The renunciation process formally removes an executor from responsibility. If there are multiple executors, they will continue to fulfil their roles. If only one executor was selected by the deceased, a new executor must be appointed. This is usually another beneficiary named in the will.
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Legal and Practical Implications of Power Reserved vs. Renunciation
Power reserved allows the executor to return to their executor duties when they are ready. Renunciation means they will step away from the process entirely.
When using "Power Reserved", an executor must complete the following:
- Inform the other executors that they wish to step back from their executorship.
- Submit a notice to the court. The lead or “acting” executor will apply for a grant of probate, stating that power is reserved for the “non-acting” executor.
- The court approves the notice by granting probate and noting the reserved power.
When an executor renounces they must:
- Inform the other executors that they are renouncing.
- Sign a Deed of Renunciation or the government’s Form PA15. This confirms that they permanently give up their legal responsibility and role. The form must include details of the deceased and the will.
- The executor must sign a declaration stating they have not intermeddled in the estate.
What is Intermeddling?
Intermeddling is a legal term used in probate. It means a person(s) has undertaken estate administration to the point of assuming responsibility. Certain tasks are not considered intermeddling, such as funeral arrangements.
One of the requirements of renouncing is that the executor has not been involved with any administration of the estate. If assets are handled or debts of the deceased are paid, it makes it difficult for them to step back from their role.
Frequently Asked Questions
Can I appoint only one executor to avoid complications?
Yes, you can appoint just one executor. There is no requirement to appoint more than one person.
What should I do if I am the sole executor but feel overwhelmed?
If you are the sole executor but are overwhelmed by the responsibility, you have two options. The first is power reserved. This allows you to step back from the role of executor temporarily. If you wish to step away from the process entirely, you must legally renounce your position. Another executor can then be appointed.
How can an executor residing outside the country handle probate?
Although an executor living outside of the UK can handle probate, it can be complicated. It is also likely to increase the time that probate takes.
How much does it cost to apply for probate?
The standard UK probate application fee is £300 for estates valued at over £5,000. Estates valued under £5,000 do not incur a fee. Additional copies of the grant of probate cost £1.50. This is paid for out of the funds of the estate. The executor(s) are not personally liable for this cost. Be aware that there will be other costs to consider such as solicitor fees and Inheritance Tax.
For more infomation see: Cost of Probate in the UK
Key Takeaways
The key benefit of hiring a professional probate solicitor is their expert knowledge and insight. They will be well-versed in the probate process, in addition to inheritance law and tax.
The role of the solicitor is to handle the legal aspect of the process, allowing clients to focus on grieving. They aim to save time and reduce stress during a delicate time.
They can protect against legal and financial risks, which could potentially be a concern if probate was undertaken without a solicitor. They can also act as a neutral third-party presence to help prevent conflicts between relatives and mediate during disputes.
Hiring a Professional Probate Solicitor
Consulting with a solicitor is not legally required for probate. But, it is strongly recommended to ensure the process is completed in line with the law. A probate solicitor can apply for probate on your behalf and ensure aspects such as Inheritance Tax are dealt with correctly.
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