Exclusion of Power-reserved Executor

[Traveller47]

I am one of two executors named in a will. After completing most of the paperwork necessary to evaluate the estate in preparation for a probate application, over some 5 months, and as a consequence of very different attitudes of the two executors, I decided that it would be easier if I took reserved powers to allow my fellow executor to complete the estate administration based purely on his own decisions and signature. However, I now find myself totally cut out and ignored. I have little idea what is going on despite being assured at the time of withdrawal that I would be kept informed. This isolation extends to the solicitor handling the estate who declines my attempts to speak to him without the agreement of my fellow executor.

It seems that the only way I can communicate anything I perceive as concerning is to apply for double probate, action which will clearly be unpopular and bring about a substantial delay.

Is such isolation to be expected or am I being unfairly treated?

Comments appreciated.

[atticus]

I decided that it would be easier if I took reserved powers to allow my fellow executor to complete the estate administration based purely on his own decisions and signature. However, I now find myself totally cut out and ignored.

The second sentence quoted is surely a consequence of the first.

As you say, you can take up the reserved power. You must decide what you want: your cake or to eat it.

[Traveller47]

Thank you for you comment. Another solicitor advises - “A non-proving executor can still be involved in the decision making process during the administration of the estate, and this may in any event be appropriate if he or she is also a beneficiary. By reserving power they can be relieved of the burden of having to deal with much of the paperwork, but still have the comfort of knowing that they can subsequently prove the Will at any time in the future.”

So, if I can still be involved in the decision making process, is it reasonable to totally exclude me?

Also, does an application for double probate halt existing estate administration?

[Traveller47]

Can anyone please offer advice on the above issue? I am finding it very difficult to establish the rights of a non-proving executor. Some solicitors don’t seem too sure, some say no rights apart from being able to apply for double probate, and others say the non-proving executor can still be involved in decision making.

I realise the proving executor makes the final decision.

Any advice welcomed.

[Traveller47]

Does the absence of responses confirm that readers are not sure. Have a look at the website of Wedlake Bell Solicitors to the the following quote:

A non-proving executor can still be involved in the decision making process during the administration of the estate, and this may in any event be appropriate if he or she is also a beneficiary. By reserving power they can be relieved of the burden of having to deal with much of the paperwork, but still have the comfort of knowing that they can subsequently prove the Will at any time in the future.

Can anyone please confirm that this is correct?

[atticus]

That accords with what I said in post 2: you can take up the reserved power. Obviously doing so will hold things up while your application is being processed.

Can I suggest that you take time to consider what you actually want.

[Traveller47]

Thanks for the response - it is appreciated. What I want is to avoid causing further problems (I can’t really explain here) by applying for double probate but also be able to participate in discussions (as suggested by Wedlake Bell) to the extent that I can understand what stage the estate admin has reached. There are problems that are apparent from contacts I receive on occasions from other solicitors chasing unpaid debts, the Tax Office issuing fines against the estate, obvious slow progress and extensive delays etc.