power reserved by executor

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If an executor does not wish to act as an executor following the death of the testator, but wishes to reserve the right to come in to prove the will as an executor at a later date, then (provided there are other executors willing to take out a grant) the non-proving executor can allow the other executors to proceed, with power expressly reserved to him. That executor can apply later to become an executor by way of double probate. Compare renouncing probate.

Subjects: Law.

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