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My sister and I are Executors of our father's estate. My sister is applying for Grant of Probate in her sole name, will this affect my entitlement?

My father died in May 2008 and myself and my sister are Executors. My sister's solicitors have declared that my sister is applying for a Grant of Probate in her sole name " for the sake of convenience ". Will this have any effect upon myself, being a beneficiary? Will her sole name on the Grant of Probate affect my entitlement?

It sounds as if you are going to have 'power reserved' to you as Executor or that you are going to be asked to 'renounce' your appointment as Executor so that your sister is the sole Executor. There are many reasons why an Executor may be asked to renounce or to have power reserved to him, one reason being that it may be felt that the administration of the estate would progress more quickly with just one Executor if, for example, the other Executor lives far away or is likely to be on holiday for a long time. This is because there's quite a lot of paperwork to sign and it can protract things if the paperwork has to be passed between the Executors all the time. If power is to be reserved to you then you can join in as Executor at a later date but if you renounce then you will not be able to act as Executor in the future.

If you sister is sole Executor then this will have no bearing whatsoever on your inheritance and will not change the way in which the estate is distributed.

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by mariam — last modified 2008-06-26 13:23

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