WAE 10 - PR unwilling/unable to act Flashcards
What is the effect of an executor renouncing probate?
It is final—they cannot act later unless a court order is obtained (which is time-consuming and expensive).
Can a person who has intermeddled renounce probate?
No—intermeddling shows they accepted the role and prevents renunciation.
What are examples of intermeddling?
- Receiving/holding/dealing with estate assets
- Paying estate debts
- Selling estate assets
- Forgiving debts owed to the estate
Does arranging a funeral or securing assets count as intermeddling?
No
What does it mean for an executor to reserve power?
They choose not to act immediately but retain the option to apply later.
What must happen for an executor to reserve power?
- At least one other executor must take out the grant
- Executor reserving power must be given notice
- They can apply for double probate later
Can an executor appoint an attorney to act for them after the grant?
Yes, but only for 12 months, renewable.
Can an executor appoint an attorney before the grant?
Not for probate—they must apply for letters of administration (with will) alongside the other executors.
What happens if no executor is willing or able to act?
A grant of letters of administration (with will) is issued under NCPR Rule 20, and an administrator is appointed.
What disqualifies an administrator from acting?
- Died before taking the grant (unless PR acts for them)
- Is a minor (unless application is made on their behalf)
- Lacks capacity
- No beneficial entitlement (intestacy cases)
Can an administrator reserve power?
No—only executors can reserve power.
Can an administrator renounce if they’ve intermeddled?
Yes—unlike executors.
Can an administrator act via attorney after grant?
May delegate for 12 months.
Can an administrator act via attorney before grant?
Must apply under Rule 33 NCPR with the Power of Attorney submitted.
What is a citation in probate?
A court direction to:
* Require a PR to apply for a grant
* Remove their right to apply
* Authorise someone else to administer the estate
When are citations used?
- PR refuses to act or renounce
- Executor intermeddled but won’t apply
