A grant of probate has been issued with powers reserved to an appointed executor under a Will. How can the executor obtain full powers?

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Produced in partnership with Lynne Counsell of Addington Chambers

Published on: 01 October 2020

Reservation of power to non-proving executor(s)

A person appointed as executor under a Will is not obliged to accept the appointment. If they do not wish to accept the role, there are two options. They can renounce probate (unless they have intermeddled) or a grant of probate can be issued to one or more executor(s) with power reserved to the other executor(s) to apply for a grant at a later date.

On the application for probate by the proving executors, notice should usually be given to the executor(s) to whom power is to be reserved and the application for probate must state that notice has been given (the Non-Contentious Probate Rules 1987, SI 1987/2024, r 27(1) (NCPR 1987)).

Lynne Counsell

Barrister, Addington Chambers

Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.

Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.

Lynne has written or updated over fifty books, including writing the initial volume of Atkin’s Court Forms “Financial Services” and updating Halsbury’s Laws on Injunctions. Lynne was also co-author of two editions of “Insider Trading” and co-editor and one of the writers of “Chancery Practice and Procedure.”

Articles include “Marketing of Investments” for the Law Society Gazette and “The Doctrine of Mutual Wills” for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years – Charles v Fraser (2010).

Lynne has drafted the standard unit trust for the government of Nigeria, the rules and related documentation for various building societies and clubs, shareholder agreements, company takeovers compliance documentation for certain banks as well as wills and trusts.

Lynne was awarded the 2017 Corporate international Magazine Global Award – “Investment Contracts Barrister of the Year in England”.

Jurisdiction(s):

United Kingdom

Key definition:

Grant of Probate definition

What does Grant of Probate mean?

The representation'>grant of representation obtained where the deceased left a valid Will appointing one or more executors who are able and willing to prove the Will.

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