ChatterBank5 mins ago
if 3 executors are named on the probate grant, does it require all 3 to liquidate an estate?
3rd exec lives abroad and doesnt want to take option C on form PA1
if we get a solicitor to get probate for us, i understand all 3 of us are named on the probate grant.
is the probate grant jointly and separately useable
ie does this then mean that it requires all 3 to sign paperwork etc?
if we get a solicitor to get probate for us, i understand all 3 of us are named on the probate grant.
is the probate grant jointly and separately useable
ie does this then mean that it requires all 3 to sign paperwork etc?
Answers
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I assume that your reference to "doesnt want to take option C on form PA1" means that the overseas executor doesn't want to appoint an attorney to act on his/her behalf. If so, he should simply sign a renunciation.
See here:
http://www.wrighthass...tuting_executors.aspx
Chris
See here:
http://www.wrighthass...tuting_executors.aspx
Chris
I suspect from earlier threads that the third executor is not cooperating at all and will not sign a renunciation form.
As this is the third or fourth thread relating to this tricky issue and if the third executor is not cooperating it may be that the time has come to engage a solictor on this matter
As this is the third or fourth thread relating to this tricky issue and if the third executor is not cooperating it may be that the time has come to engage a solictor on this matter
Barmaid has produced an authorative answer on this one. OP seems unwilling to DIY based on these instructions or engage her own solicitor. Don't really understand what else the OP expects can be done here. Barmaid's answers were:
"Ask them to release the will to the Probate Registry where you are intending to extract the grant. If they won't you will have to issue a subpoena under s123 Senior Courts Act 1981 (see also r50 NCPR 1987) for them to produce the original will at the Registry.
No reason why you can't [DIY], but it is a bit technical to get it right. There is prescribed wording (I think) for the affidivat and summons which you can probably get from the Probate Registry, otherwise you will need access to a professional text.
Try a local solicitor or counsel with direct access - it shouldn't be too expensive. However, if you write to the solicitors beforehand and ask them to release the Will to the Probate Registry on notice to exec no 3, that might be a cheaper way of dealing with it. They don't have to do this, but might be worth asking."
"Ask them to release the will to the Probate Registry where you are intending to extract the grant. If they won't you will have to issue a subpoena under s123 Senior Courts Act 1981 (see also r50 NCPR 1987) for them to produce the original will at the Registry.
No reason why you can't [DIY], but it is a bit technical to get it right. There is prescribed wording (I think) for the affidivat and summons which you can probably get from the Probate Registry, otherwise you will need access to a professional text.
Try a local solicitor or counsel with direct access - it shouldn't be too expensive. However, if you write to the solicitors beforehand and ask them to release the Will to the Probate Registry on notice to exec no 3, that might be a cheaper way of dealing with it. They don't have to do this, but might be worth asking."
apologies, i had forgotton to subscribe to this question so missed the answers.
yes i had asked several questions, this was due to the circumstances or rather 3rd exec changing his stance several times. the responses from here and internet searching caused this.
subsequently he also had the same information confirmed by the solicitor he was intending to instruct, during an exchange of emails.
this caused him to be at the current standpoint, which is that there are now only 2 options (excluding renouncing his exec), these are option C - power reserved or instructing a solicitor to represent all 3 of us for the probate application (my sister and I decided to accept this option - to allow the probate process to complete), currently waiting for his reply over this weekend
yes i had asked several questions, this was due to the circumstances or rather 3rd exec changing his stance several times. the responses from here and internet searching caused this.
subsequently he also had the same information confirmed by the solicitor he was intending to instruct, during an exchange of emails.
this caused him to be at the current standpoint, which is that there are now only 2 options (excluding renouncing his exec), these are option C - power reserved or instructing a solicitor to represent all 3 of us for the probate application (my sister and I decided to accept this option - to allow the probate process to complete), currently waiting for his reply over this weekend
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