Use Codicil to add Executor to Will?

SwitchyChick

Can anyone out there give me an idea of what wording could be used to add an executor to a will?
Aged relative (89) only has MiL (78) named as Executor & wants to add OH as backup.:money:
Would like to avoid trailing off to solicitor's to do it.
Could we type up something which could be signed by her & 2 independent witnesses just saying that she wants to add an excutor?
Thanks

hardpressed

Better get a solicitor to do it, some solicitors are doing Free Wills in October in exchange for a donation to charity. If you Google Free Wills fortnight you should find them easily. If you add a codicil and it's not worded and witnessed correctly the will may become void.

Browntoa

free wills site is here

http://www.freewillsfortnight.org.uk/

Free Wills Fortnight brings together ten household name UK charities to offer members of the public aged 55 and over the opportunity to have their Wills written or updated free of charge by using the services of local solicitors in specific locations.
Between Wednesday 1st and Friday 17th October law firms in ELEVEN towns and cities in England and Wales will be offering appointments made on a first-come, first-served basis. Please click on the 'Find a Solicitor' tab above to see a list of areas and participating solicitors

localhero

I would recommend that adding/changing executors should really be done with a new Will. This is because codicils can become detached or sometimes conflict with the Will.

This won't necessarily cost much more than a codicil, but having the changes incorporated within the one document is safer and clearer.

SwitchyChick

Had hoped to get away without involving solicitors. Have checked the FW Fortnight website but they are miles away from where they live. The will is v straightforward, we're just trying to ease the burden of MiL. Have read that you can apply to Probate Registry to relinquish/revoke executor & appoint a substitute. Perhaps that would be the wayto go to avoid too much hassle now?

Mojisola

If the wording of the present will is not going to be changed except for the addition of a second executor, wouldn't it be okay to type the whole thing out again but adding the details of the new executor and making sure that it is signed correctly?

Errata

When an elderly relative of mine needed to make changes to the will I typed a draft copying the old will and including the changes. I sent it to his solicitor for it to be checked, solicitor's office typed it up, made appt for relly to call in and sign it and for it to be witnessed. Done and dusted and cost was minimal.

localhero

SwitchyChick wrote:

Have read that you can apply to Probate Registry to relinquish/revoke executor & appoint a substitute. Perhaps that would be the wayto go to avoid too much hassle now?

No that's not correct. You cannot remove an executor after the person has died. If there is a professional (ie solicitor/bank) named in the Will, then even if the family feel that they can deal with probate themselves - the professional cannot be removed if they want to take up their role and earn their fee.

Your relative should therefore make a new Will. It need not be with a solicitor either, A professional willwriter will be able to assist - but as ever, choose them carefully.

Savvy_Sue

Sorry, I know you're more expert than me in this area, but if I've read the first post correctly, there is one executor (the OP's MIL), and no professional involved.

So, surely after the person has died, MIL can decline to act as executor and then the OP's OH can apply to be / be appointed as executor?

I am sure that a completely new will would be the BEST way to go, I'm just hypothesising over what could happen - and presumably sometimes does!

localhero

Where there is only one executor named, there is always the possibility that they may be unable or unwilling to act, and so it would always be wise to appoint an additional or substitute executor of the testator's choosing.

If MIL survives the relative, but doesn't want to act then she can renounce as the executor. The Probate Registry would then approach beneficiaries to see if they would be willing, who may or may not be best suited to the task. Alternatively parents/guardians of minor beneficiaries might be offered the task. If MIL doesn't survive then ditto.

Therefore to provide certainty the relative should make a new Will appointing a replacement/additional executor.

By the way Savvy_Sue, you have read the post correctly. My response at post #8 was in response to a particular question and gave an example of an undesirable consequence of appointing an executor that cannot be reversed once the testator has died.