Change Executor
wilson1973
Posts: 420 Forumite
I could not find the appropriate forum for my question but this is the nearest topic.
My mother is still alive and has written a will I am one of the executors, her will was written years ago the other executor is the solicitor that drew up the will, we had been meaning to change the solicitor as an executor for ages after we read how much they charge and having read on the internet that you can get forms for all you need to do and do it yourself, with probate etc,it's quite a simple will and should have wondered at the time why they could not have given a fixed price for executing the will, all though this is common.
My mother is now looking like she has dementia I live and look after her and she will have a diagnosis in the next couple of weeks, does anyone know if I will be able to change the solicitor as the executor of the will? I have somebody else willing to do it,although we will have to wait until September when he has the a week off work so he's free to visit the solicitor with us
My mother is still alive and has written a will I am one of the executors, her will was written years ago the other executor is the solicitor that drew up the will, we had been meaning to change the solicitor as an executor for ages after we read how much they charge and having read on the internet that you can get forms for all you need to do and do it yourself, with probate etc,it's quite a simple will and should have wondered at the time why they could not have given a fixed price for executing the will, all though this is common.
My mother is now looking like she has dementia I live and look after her and she will have a diagnosis in the next couple of weeks, does anyone know if I will be able to change the solicitor as the executor of the will? I have somebody else willing to do it,although we will have to wait until September when he has the a week off work so he's free to visit the solicitor with us
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Comments
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If your mother is in the early stages of dementia she should still have the mental capacity to make changes to the will but do not wait until September, an executor does not need to be involved in drawing up the will.
It is always wise to have more than one e executor named, but rather than making you joint executors I would opt to make your friend a back-up, so they will only need to get involved if you are incapacited in any way.0 -
Thanks so there does not need to be 2 executors,so my mother should be able to remove the solicitor via a codicil I assume0
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wilson1973 wrote: »Thanks so there does not need to be 2 executors,so my mother should be able to remove the solicitor via a codicil I assume
If the rest of the will is still as she wants it, you could copy it but remove the solicitor's name and replace it with the new executor, print it out, get it signed properly and destroy the old will.
The new executor doesn't have to be physically present when the will is written or signed.0 -
Thanks for your advice0
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OP,
Does the original will appoint you and the solicitor jointly ? Or does it appoint you as an executor with the solicitor as a back up? (It mights say if the appointed executor is unable to act then I appoint a partner in the firm of (solicitor) )Is the solicitor named personally or as the firm?
If the estate is small it might be that the solicitor assumed you would be the executor but that they would do it if you were unable/unwilling. What does it actually say?
If the solicitor is only a back up executor the will may be fine if it is otherwise correct. Probably still best to get a new one. As stated copying the will verbatim and just substituting the solicitor with another person is fine.
Make sure the two witnesses know her well, are not beneficiaries and are content if asked to say she had the mental capacity to sign.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
I have booked an appoitment at the CAB,thanks everyone it's written in such a way as to be tricky to decipher0
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Potentially bad advice as the law has probably changed since the original will was written. Also it might be open to challenge in future if any errors are made in copying it. It is crucial that there is evidence of capacity to make a new will. You really need to get it done by a solicitor with evidence of capacity. Alternatively you could just do nothing and ask the solicitor to renounce when the time comes. That way there should be no risk of any question of capacity and no cost.If the rest of the will is still as she wants it, you could copy it but remove the solicitor's name and replace it with the new executor, print it out, get it signed properly and destroy the old will.
The new executor doesn't have to be physically present when the will is written or signed.0 -
Thanks,I would have thought they would be reluctant to renounce as it's a big earner for them I suppose,the fees that they will probably charge worries me as I don't want to sell the family home just to pay the solicitors fees,but I don't know how it would work otherwise,I assume they force a sale just so they can get paid,my savings have evaporated after not working for a few years to care for my mother and my teenage son also lives with me so I don't want him to lose his home either0
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Solicitors will usually renounce if asked. Their code of conduct does, if I remember correctly, require them to do so. You could always ask them now.wilson1973 wrote: »Thanks,I would have thought they would be reluctant to renounce as it's a big earner for them I suppose,the fees that they will probably charge worries me as I don't want to sell the family home just to pay the solicitors fees,but I don't know how it would work otherwise,I assume they force a sale just so they can get paid,my savings have evaporated after not working for a few years to care for my mother and my teenage son also lives with me so I don't want him to lose his home either0 -
Yorkshireman99 wrote: »Potentially bad advice as the law has probably changed since the original will was written. Also it might be open to challenge in future if any errors are made in copying it. It is crucial that there is evidence of capacity to make a new will. You really need to get it done by a solicitor with evidence of capacity.
I would agree that it is probably worth getting a new will drawn up to take in to account changes in legislation. Also, if there are sections of the current will that appear confusing, now is the time to seek clarity rather than waiting until after the event. Better to pay £150 now rather than thousands in court costs later if the will gets contested.
After she has been to a solicitor (please don't do a DIY or go to a will writing outfit), get a statement of testamentary capacity from her GP within a few days. Keep this statement with the will, and you should have all you need if someone pops out of the woodwork challenging the validity of the will.Her courage will change the world.
Treasure the moments that you have. Savour them for as long as you can for they will never come back again.0
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