Even if somebody has been named as an Executor in someone’s Will, they may not be able to act with you because they died before / or after the date the deceased passed, or, they may not wish to, or lack the capacity to, act with you.
They can appoint someone else to apply for Probate with you on their behalf (Power of Attorney – see below).
They may not want to appoint someone else to act for them. They can still refuse to act, as long as the person who made the Will has died and you have not already started to deal with the estate. This is called renouncing (Renunciation – see below).
They have chosen not to act, but reserve the right to do so later. (Power Reserved – see below).
Please Note: You must list all Executors appointed on the Will in the Executors table of the ‘Listed Executors, Beneficiaries and Charitable Beneficiaries’ within ‘Stage 1 > The Will’.
Power of Attorney #
The Executor has appointed or wish to appoint another person to act as their attorney to take a Grant of Representation on their behalf.
There will be an additional form (PA11 attorney form) automatically generated with the other application forms. You will need to give it to the Executor for them to complete and sign. There may be additional questions on this form that will need to be completed manually by the Executor.
Renunciation #
The Executor has chosen not to apply, and give up all rights to apply.
There will be an additional form (PA15 renunciation form) automatically generated with the other application forms. You will need to give it to the Executor for them to complete and sign. There may be additional questions on this form that will need to be completed manually by the Executor.
Power reserved #
The Executor has chosen not to apply, but reserve the right to do so later. If any Executor(s) are having power reserved, you must notify them of the application in writing. The Grant of Representation will only be issued to the Executor(s) or Applications making the application.
Power Reserved can be utilised in any context where an Executor prefers not to take action, provided that there are alternative named Executors one the Will available to assume their responsibilities to apply for probate.
If the Will doesn’t name any other Executors, then the only way the named Executor would be able to not act is if they renounce their role as Executor. (See above ‘ Renunciation’).
They lack capacity to act as Executor #
There will be an additional form (PA14 medical certificate) automatically generated with the other application forms. You will need to give it to the Executors Doctor for them to complete and sign. There will be additional questions on this form that will need to be completed manually by the Executors Doctor.
What if there are no Executors able to apply #
Where there is no Executor, a person must be appointed to act as an Administrator and apply for a ‘Grant of Letters of Administration with the Will annexed’, rather than a ‘Grant of Probate’. In these circumstances the person(s) is known as an applicant..
If there is at least one beneficiary of the Will who is under 18 then at least 2 applicants must apply.
For further details please read What if there are no Executors able to apply?