by Brent  20/02/2021  0 Page Views
1 Comments  Wills, probate, letters of administration, powers of attorney

Is it possible for the original executors of a Will to have power reserved if they decline probate and agree to have an (independent) solicitor given letters of administration with Will attached? This would be preferable to the parties rather than a non revocable refusal to decline probate.

The context is a Will dispute which would be resolved with removal of the executors, but the family would all prefer to have the option of exercising some power in the unlikely case the appointed solicitor goes markedly off the rails in their conduct with the estate. There is history as the properties are already administered via consent orders with VCAT as the represented person has dementia but unfortunately (and unusually) the administrator needed to replaced with another solicitor due to the original appointee not progressing matters, so a failsafe is required for probate.

While this is sorted I would anticipate  letters of administration pendente lite would be granted to the current administrator in the interim.

Thank you.