Power Reserved: What It Means When an Executor Does Not Act

Understanding Power Reserved

When a will names multiple executors, they are not all required to apply for probate together. One (or more) may wish to step back — perhaps because they are temporarily unable to commit time, live overseas, or simply prefer to let another executor take the lead.

Rather than renouncing permanently, they may choose to have power reserved. This means:

• The acting executor(s) proceed with the probate application and administration
• The non-acting executor's appointment is preserved — noted on the grant, not extinguished
• The non-acting executor is not currently liable for any errors in the administration (liability requires action)
• If circumstances change, the non-acting executor can apply to be joined in the administration by applying for a further grant

Power reserved is one of two options for a non-acting executor — the other being renunciation. For a comparison, see our guide on renouncing executorship and our guide on whether you can refuse to be an executor.

Power Reserved vs Renunciation: The Key Differences

How Power Reserved Is Recorded

When the acting executor(s) apply for probate using Form PA1P, they indicate on the form that another named executor is not joining the application and that power is to be reserved to them. The Probate Registry notes this on the Grant of Probate — the grant will say something like "with power reserved to [Name]".

No separate form is required from the non-acting executor, though it is good practice to have them provide a written confirmation that they understand and agree to the power reserved arrangement.

When an Executor With Power Reserved Wishes to Act

If a co-executor who has power reserved later wishes to join the administration — for example, because the acting executor has become ill, or because a dispute has arisen that requires their input — they must apply to the Probate Registry for what is sometimes called a "further grant". This is not a new grant of probate; it is an order joining them in the existing administration.

The practical effect is that future decisions require the agreement of both executors. This can create complications if the administration is well advanced, so it is worth thinking carefully about whether joining later is genuinely necessary. For complex situations, seek legal advice.

When Is Power Reserved a Good Idea?

Power reserved works well when:

• One executor is temporarily unable to commit — for example, overseas, seriously ill, or in the middle of a personal crisis
• The acting executors are competent and the non-acting executor trusts them to proceed
• There is a risk that the acting executor may later become unable to act (illness, travel), and a backup is needed
• The non-acting executor is the substitute — the will may have named them as a backup and their role is only to step in if the primary executor cannot

Power reserved is less appropriate where the non-acting executor definitively does not want to be involved at all — in that case, renunciation is cleaner for everyone.

Further Reading

• Acting as sole executor when multiple executors are named
• Complete UK probate guide
• Applying for probate
• Probate checklist
• Estate administration checklist
• DIY probate vs solicitor costs
• Inheritance tax guide 2026–27
• What documents do you need for probate?

Farra guides executors through every stage of the probate process.