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Grant of Double Probate

Also known as: Double Grant

Definition

A grant of double probate is a second probate grant issued to an executor who initially had 'power reserved,' allowing them to join other executors in administering an estate after the original grant was issued.

Understanding grant of double probate is important because it provides flexibility when executors face circumstances preventing immediate involvement—such as overseas residence, work commitments, or family situations—while preserving the testator's choice of executors.

What Does Grant of Double Probate Mean?

A grant of double probate is issued when probate has already been granted to one or more executors with power reserved to other named executors, and those non-proving executors subsequently decide to take an active role in administering the estate. Under the Non-Contentious Probate Rules 1987 (as amended in 2020), executors who did not initially prove the will can later apply to the Probate Registry for their own grant, provided power was reserved to them in the original grant. The second grant runs concurrently with the original grant, giving both equal legal authority over the unadministered portion of the estate.

The mechanism works through the "power reserved" option available when multiple executors are named in a will. Not all executors must apply for probate immediately—those who cannot or do not want to act straight away can have power reserved, meaning they retain the right to join later. For example, Sarah and Emma are sisters named as co-executors in their mother's will. When their mother dies in January 2024, Sarah is working overseas in Dubai on a two-year contract. Emma applies for probate alone with power reserved to Sarah, receiving the grant in March 2024. When Sarah returns to the UK unexpectedly in October 2024, she applies for double probate so she can help Emma complete the estate administration, including selling their mother's £320,000 house and distributing the remaining £45,000 in cash assets.

After double probate is granted, all executors must work together on major estate decisions. Banks, solicitors, and other institutions recognize that both grants have equal legal authority, requiring all executors to sign estate documents together—including property sale contracts, asset transfers, and beneficiary distribution paperwork. The double grant only covers assets that remain unadministered; actions taken under the original grant (such as bank accounts already closed and distributed) remain valid and binding.

The distinction between power reserved and renunciation is critical. Power reserved is temporary and reversible—executors can apply for double probate months or even years after the original grant. Renunciation, by contrast, is effectively permanent in most circumstances. While technically a renunciation can be retracted with registrar permission in exceptional cases, this is rarely granted, particularly after another executor has already obtained probate. Executors facing initial uncertainty about participation should choose power reserved rather than renunciation to preserve future flexibility.

Common Questions

"When would someone need to apply for a grant of double probate?" A grant of double probate is needed when an executor who initially had 'power reserved' later decides to help administer the estate after probate has already been granted to another executor. For example, if an executor was overseas when someone died and another executor obtained probate alone, the first executor can later apply for double probate when they return and want to participate in estate administration.

"How does a grant of double probate differ from the original grant?" A grant of double probate runs concurrently with the original grant of probate, giving the new executor the same legal authority as the original executor(s). After receiving double probate, all executors must sign estate documents together. The double grant only covers the remaining unadministered portion of the estate, not assets already distributed under the original grant.

"Can an executor who renounced probate later apply for double probate?" No, renunciation of probate is effectively permanent for most purposes. Only executors who had 'power reserved' (a temporary non-participation) can later apply for double probate. Once you formally renounce your role as executor, you cannot change your mind and apply for a grant of any kind for that estate except in exceptional circumstances with registrar permission.

Common Misconceptions

Myth: "Once probate is granted, no other executors can join in administering the estate."

Reality: Executors who had power reserved in the original grant can apply for a grant of double probate at any time, even years after the original grant. The double grant runs concurrently with the original, giving them full executor authority to help complete estate administration.

Myth: "If I renounce my role as executor, I can change my mind later and apply for double probate."

Reality: Renunciation is effectively permanent and cannot be reversed in most circumstances. Only executors who chose 'power reserved' (temporary non-participation) can later apply for double probate. The distinction between renunciation and power reserved is critical—one is temporary and reversible, the other is permanent.

  • Grant of Probate: The original grant that grant of double probate runs concurrently with, providing the baseline legal authority for estate administration.
  • Power Reserved: The essential prerequisite that allows executors to later apply for double probate—a temporary non-participation rather than permanent renunciation.
  • Executor: The role that can apply for double probate; after receiving it, all executors must act jointly on major estate decisions.
  • Renunciation: The permanent alternative to power reserved that permanently prevents future participation and rules out any possibility of double probate.
  • Personal Representative: The legal status executors hold after receiving double probate, with full authority to administer the unadministered estate.
  • Estate Administration: The process that executors with double probate jointly manage, requiring all to sign documents and agree on major decisions.
  • Probate: The broader legal process under which double probate grants operate, governed by the Non-Contentious Probate Rules 1987.

Need Help with Your Will?

When appointing executors, understanding options like power reserved and double probate helps ensure your estate can be administered flexibly if circumstances change. Naming multiple executors with clear guidance protects your wishes while accommodating real-world constraints.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.