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Probate

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AKMild | 09:23 Mon 18th Jul 2011 | Law
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I have applied for, and been granted, probate of my late mother's estate jointly with my sister, who is a co-executor.

One thing that I haven't been able to establish, though, is whether the probabe is joint and several, i.e. do we have to both sign everything, or can either of us act alone?
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Strictly speaking it's joint and several - but for most purposes (eg routine letters) you will probably be able to get away alone signing 'for the executors'

Certainly when I did my parents' estates the only part my brother played was attending the probate interview and co signing the final cheques.
Maybe it would help if you each had a signed letter from the other saying both of you have the authority to act alone. I'm not sure of its legal status though.
I was executor for my late aunts will along with her son who asked me if I would object to him signing everything even though he lived in another part of the country. No problem at all as long as you sign officially.

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