Legal: Wills, probate, executors

Legal: Wills, probate, executors

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JonRB

Original Poster:

76,118 posts

279 months

Friday 17th December 2004
quotequote all
I wonder if ones of our esteemed legal minds (tonker, shnozz, PatHeald, SpaceCowboy, etc.) could enlighten me about something.

My grandmother recently died, and she named as her executors my mother (who is also the principal beneficiary), myself and my sister.

I've just received the following from a solicitors and I'm a little confused as to what it is actually telling me:

"Dear Mr (my name)

(name of my grandmother) deceased

As you know, your Mother is applying for Grant of Probate of the Will of your late Grandmother, (name of my grandmother). Your Mother is to apply for the Grant of Probate on her own and you, as a named Executor in the Will, are happy for power to be reserved to you to apply for a Grant should this ever become necessary. I therefore enclose a Notice of Intention signed by your mother that the application for the Grant of Probate is now being made and should be grateful if you could kindly acknowledge safe receipt of the notice"

And then, on a separate sheet, signed by my mother

"I, (my mother's full name), hereby give you notice that I am applying to the XXXXX District Probate Registry for the issue of a Grant of Probate of the Will of the above-named deceased and that Power will be reserved to grant Probate to you if you duly apply for the same."

What are he implications of me letting this go ahead? My understanding is that I am effectively taking a back seat as an executor on this unless something occurs that I don't agree with, in which case I then have to apply to get my power back. Is that correct?

simpo two

87,097 posts

272 months

Friday 17th December 2004
quotequote all
You could ask your mother what it means...?

JonRB

Original Poster:

76,118 posts

279 months

Monday 20th December 2004
quotequote all
Thanks tonker. And likewise.