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Power Reserved

Also known as: Reserved Power, Executor Power Reserved

Definition

Power reserved is a legal mechanism allowing a named executor to temporarily step back from estate administration while retaining the right to apply for probate and become actively involved later.

This provides critical flexibility when multiple executors are appointed but some cannot act immediately due to practical circumstances like distance, health issues, or work commitments.

What Does Power Reserved Mean?

Under the Non-Contentious Probate Rules 1987, power reserved allows an executor to postpone their right to the grant of probate without relinquishing it permanently. According to Rule 27, when one or more executors apply for probate, power to apply for a similar grant can be reserved to other executors who have not renounced. The proving executors must give notice to executors reserving power, and the Grant of Probate is issued with a notation identifying which executors have power reserved to them.

This mechanism acknowledges real-world circumstances where executors cannot act immediately. Unlike renunciation—which is permanent and irrevocable—power reserved is temporary and reversible. The executor retains their legal status but has no current authority or duties. The Administration of Estates Act 1925 confirms that proving executors can exercise full legal powers whether or not power is reserved to others, allowing estate administration to proceed smoothly without waiting for all appointed executors to be available.

In practice, the process works as follows: when executors apply for probate, they indicate on Form PA1P which executors are reserving power. The Probate Registry issues the Grant of Probate in the name of the proving executors only, with a clear notation that power is reserved to the non-acting executors. James appointed three executors in his will: his brother Michael, his sister Emma (living in Australia), and his friend David. When James died, Emma found it impractical to fly to the UK repeatedly for estate administration. Michael and David applied for probate with power reserved to Emma, allowing them to handle everything—selling James's £380,000 property, closing accounts, paying debts—without Emma's involvement or signature.

Power reserved executors have no duties, no involvement in decisions, and crucially, no liability for administration decisions made by proving executors. They do not need to sign documents, approve property sales, or be consulted about distributions. However, if circumstances change, they can apply for a Grant of Double Probate at any time during estate administration. This second grant runs concurrently with the original and carries identical legal authority, allowing the previously reserved executor to become fully active.

An important limitation exists: executors cannot reserve power if they have already intermeddled—meaning started to act by managing estate assets, collecting funds, or making administration decisions. Power must be reserved before any involvement begins. A special provision exists for minor executors under Rule 33(1)—when an executor under 18 is appointed jointly with adult executors, probate is granted to the adults with power automatically reserved to the minor, who can apply for Double Probate upon reaching age 18.

Common Questions

"What is the difference between power reserved and renunciation of executorship?"

Power reserved is temporary and reversible—the executor can step in later if circumstances change. Renunciation is permanent—once you formally renounce using Form PA15, you cannot later reclaim your role. Power reserved keeps your options open; renunciation closes them forever. Choose power reserved when your situation might change; choose renunciation when you're certain you cannot or will not act.

"Can an executor with power reserved later apply for probate?"

Yes, absolutely. An executor with power reserved can apply for a Grant of Double Probate at any time during estate administration if they wish to become actively involved. There is no time limit on exercising reserved power, though you cannot have started managing the estate before reserving power. The Grant of Double Probate gives you the same authority as the original proving executors.

"Do executors with power reserved need to sign estate documents?"

No. Executors with power reserved are not involved in estate administration and do not need to sign documents, approve decisions, or handle any estate matters. Only the proving executors named on the original Grant of Probate have authority and responsibility until a Grant of Double Probate is issued. This includes major decisions like selling property or distributing assets—no approval needed from reserved executors.

Common Misconceptions

Myth: "Power reserved expires after 12 months, so if you don't apply within a year, you lose your executor rights."

Reality: There is no time limit on power reserved. An executor can apply for a Grant of Double Probate at any point during estate administration, whether that's one month or five years after the original grant. The only limitation is that you cannot apply once the estate is fully distributed and closed. This flexibility is precisely why power reserved exists—to accommodate changing circumstances without arbitrary deadlines.

Myth: "Executors with power reserved must approve major decisions like selling the deceased's house or distributing large assets."

Reality: Executors with power reserved have no involvement in estate administration and are not consulted about decisions. The proving executors named on the Grant of Probate have full legal authority to administer the estate independently, including selling property and distributing assets, without approval from executors with power reserved. These reserved executors have no supervisory role and no veto power unless they apply for and obtain a Grant of Double Probate.

  • Executor: The person appointed in a will to administer the estate—power reserved applies specifically to executors when multiple are appointed and some cannot act immediately.
  • Grant of Probate: The legal document that records which executors are proving and which have power reserved, granting authority to the proving executors only.
  • Renunciation: The permanent alternative to power reserved—an irrevocable decision to give up executor rights entirely, used when certain you will never act.
  • Grant of Double Probate: The procedural mechanism allowing an executor with power reserved to later become active with full authority equal to the original proving executors.
  • Multiple Executors: Power reserved only applies when multiple executors are appointed—it's one solution to the practical challenges of coordinating several executors with different circumstances.

Need Help with Your Will?

Understanding power reserved helps you make informed decisions about appointing multiple executors. Choosing executors who live in different locations or have varying availability becomes easier when you know some can act while others reserve power for potential future involvement.

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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.