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Power reserved means an executor steps back for now but preserves their right to act later. It is recorded on the Grant of Probate. They are not liable while not acting. If needed later, they can apply for a grant of double probate. It is the middle ground between acting and renouncing. This guide describes the law of England and Wales. Power reserved is a feature of the Non-Contentious Probate Rules; Scotland administers estates under a grant of confirmation, not probate, and Northern Ireland has its own rules.
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:
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.
| Feature | Power Reserved | Renunciation |
|---|---|---|
| Permanence | Provisional — can join later | Permanent — cannot act later |
| Current liability | None while not acting | None (discharged permanently) |
| Recorded on grant | Yes — named on grant | Not named on grant |
| Can change mind | Yes — apply to be joined | Only with court leave |
| Form required | No separate form | Form PA15 required |
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, but notice is not optional. Rule 27(1) of the Non-Contentious Probate Rules 1987 provides that notice of the application shall be given to the executor or executors to whom power is to be reserved, unless a district judge or registrar directs otherwise. The application asks the acting executors to confirm that this notice has been given, so keep a record of it.
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 apply to the Probate Registry for a grant of double probate. That is a second grant of probate in the same estate, running concurrently with the first, rather than an order added to the existing grant. (It is not a grant de bonis non, which is something different: the grant made when a personal representative dies leaving the estate only partly administered.)
The practical effect is that the two grants stand together and the administration continues with both executors. Steps already validly taken are not undone, but decisions from that point are taken by both.
Power reserved works well when:
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.
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