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.

[PallasAthena]

Thanks for the clarification. Not personally experienced this but hopefully someone here will be able to advise.

[Pezza54]

This is complicated but I think your sibling may have received correct advice but I could be wrong
Your sibling is entitled to feature as an applicant to become an administrator on Form PA1A, but wants to wait until a later date to take up the role if needs be
There used to be a form PA25 to reserve power but it doesn't seem to exist any more
The sibling that wants to reserve power should write a letter addressed to the Probate Registry to this effect.
The main beneficiary who takes up the lead to complete form PA1A should attach the letter to the form before it is posted

[BlakSheep]

Thank Pezza54 I will look into this as it has not been raised by probate lawyer but that doesnt mean it is not permitted.