Intestate (no Will) - can an executor request Power Reserved

[BlakSheep]

I search this forum and other legal pages and I can't find anything realting to power reserved for an intestate estate. One of the beneficaries has indicated it can be applied. Are they correct?

Thank you

[Pezza54]

Did the 4 main beneficiaries apply to Probate to become administrators under the rules of intestacy? And if so then decided to appoint a solicitor as administrator?
A person has to apply to probate to become administrator under the rules of intestacy. You sound as if you believe that the next of kin automatically become administrators

[BlakSheep]

No I don’t believe it is automatic it requires making the application and the decision is 1,2, 3 or 4. The issue was a one of the beneficiaries believes, once the application is submitted and letters of admin are granted they can power reserve. I’m not sure it is possible and am trying to find information on this. Thank you.

[PallasAthena]

'Power reserved' only applies if there is a Will appointing the Executors and one or more of them does not wish to be named in the Grant of Probate and take up the role now (but reserves the right to do so later).

In an Intestate estate there may be several people with equal rights to apply to be Administrator - eg all of the children of the deceased. Is your question about what happens if only one of the children applies to be appointed Adminstrator with a grant of representation but later another child wishes to be appointed as a joint administrator?

[BlakSheep]

Yes PallasAthena one sibling claims they received “legal advice” that they could power reserve at a later point. My understanding is that only applies when there was a valid Will. There isn’t one but I wanted to understand if it applies under the circumstances of an Intestate Estate. I don’t believe so but was hoping to get advice from others who have a better understanding in this area.