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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34280
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We are currently going through the probate process, with just

Resolved Question:

We are currently going through the probate process, with just one executor. However, some of the beneficiaries are under 18 and are entitled to £500 each. I am now reading online that two people must apply for a grant of probate if a Beneficary is under 18? Is this correct?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HINo that is not correct.If there is only one Executor named in the Will then that is the person who obtains Probate.However if a Trust account is created then it is sometimes wise to appoint a second TrusteeHowever in this case the individual amounts are such that it should not be necessaryPlease ask if you need further detailsClare
Customer: replied 2 years ago.
Thank you - but on the Probate application form itself it does say that two are required if the estate is going to an under 18 year old? Can you clarify this further?
Expert:  Clare replied 2 years ago.
Which form are you referring to?
Customer: replied 2 years ago.
On form PA2 on the Probate website - page 3: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa002-eng.pdf
Thanks
Expert:  Clare replied 2 years ago.
That would only apply if more than one Executor (still living) was named in the Will but only one was applying for Probate
Customer: replied 2 years ago.
Two are listed in the will - however one has Power Reserved on the probate application as she is unwell at the moment?
Expert:  Clare replied 2 years ago.
What was the result
Expert:  Clare replied 2 years ago.
Sorry that was a site glitchHow unwell is she (sorry to have to ask)
Customer: replied 2 years ago.
Well probate was granted - but I'm just reading online that maybe is was granted in error if there should have been two executors and I am worried that in the future they could say it was an invalid probate?
And she is in and out of hospital - still fully mentally capable but struggling with walking etc
Expert:  Clare replied 2 years ago.
No it was not granted in errorYes it is advisable - no it is not mandatory!
Customer: replied 2 years ago.
Thanks - sorry to ask but it does say on that document that it is a legal requirement for two to apply?
Expert:  Clare replied 2 years ago.
What was the overall percentage division of the assets?
Customer: replied 2 years ago.
£500 for each grandchild (10 in total) - then the rest to the four daughters/sons (£13500 each)?
Expert:  Clare replied 2 years ago.
The Probate Registry has the power to use its discretion in this matter.Has one minor beneficiary inherited a larger estate then they may well have required medical evidence that the other Executor was not fitenough to deal with the matter - although they still cannot insist a replacement is soughtGiven that these were minor gifts then they certainly would not have made that requirement
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Brilliant - thank you for your advice. Excellent