When do you become an recognised executor

[Guest]

I am an executor for an estate which at the time of probate a second named executor exercised power reserved, as he was resident outside the UK. He has now gained probate and is claiming all sorts of expenses from the estate for non agreed actions taken befor he received the grant, Is this legally allowable?**

[des8]

Expenses can be incurred by executor prior to the grant of probate e.g asset valuations required for IHT, funeral costs, death certificate, postage, travel.
Executors duties (and hence possibly expenses) commence on death of testator.
The testator's property vests in the executor from the date of death without any interval of time.
Grant of probate only confirms executor's authority to act

[Martyn2]

Thank you for that information. However I was under the impression that with one executor granted probate, he/she can take decisions independently (although I accept he/she might have to justify them later.) But when both executors have been granted probate, actions and expenditure has to be agreed. I accept your point that exceptions would be funeral costs, death certificates etc.
*

[des8]

If beneficiaries**decline to approve the Estate accounts because of executors claimed expenses either party could apply to the court for a decision about them.

If the executors themselves cannot agree and the disagreement is delaying administration of the estate one of the executors can apply to the court for removal of the other

[Martyn2]

In reply to your last post. I have been told by informed sources that if I take the other executor to court I am personally responsible for all my legal fees, not the estate. That is why I am trying to get a definitive answer to my question which basically is "with or without probate can an executor act independently. of the second executor"? Perhaps I should explain that the actions he has take relate directly to alterations to the property because he assumed it would eventually be occupied by him.

[des8]

In reply to your last post. I have been told by informed sources that if I take the other executor to court I am personally responsible for all my legal fees, not the estate.
Who said that?*
s51 Senior Courts Act 1981 provides in part that, subject to rules of court, the costs of and incidental to all proceedings in the High Court are in the discretion of the court,
CPR 44.2(1), the court has discretion as to whether costs are payable by one party to another, the amount of those costs, and when they are to be paid.
CPR44.2(2), if the court decides to make an order about costs, the*general*rule is that the unsuccessful party will be ordered to pay the costs of the successful party, but the court has discretion to make a different order.
Also see CPR46.3 regarding**trust and estate litigation costs**
That is why I am trying to get a definitive answer to my question which basically is "with or without probate can an executor act independently. of the second executor"? Perhaps I should explain that the actions he has take relate directly to alterations to the property because he assumed it would eventually be occupied by him.

If he is altering the property he is operating outside of his authority as executor.
Executors duties include preservation and protection of assets, not alteration, so to revert to your first question if he is claiming the costs of alterations as executor expenses IMO you should not agree them.

[Jesmar]

I am an executor for an estate which at the time of probate a second named executor exercised power reserved, as he was resident outside the UK. He has now gained probate and is claiming all sorts of expenses from the estate for non agreed actions taken befor he received the grant, Is this legally allowable?**

The will I am an executor for refers to the The Standard Provisions of the Society of Trusts and Estate Practitioners (1st Edition). This seems to limit an executor in disposing of assets and involving third parties like beneficiaries more than the 2nd Edition, but I don't know if the 2nd Edition can be substituted simply because it is a later version and I hope to get an answer here https://legalbeagles.info/forums/for...tep-provisions.

If this is mentioned in the will, you can find a copies of both versions on the STEP website and it should enable you to decide the strength of your argument.