Can I change the Executor on my Mum's will?

Keep_pedalling

Flugelhorn said:

deputy_sj said:

elsien said:

As above.
 Plus for your role as deputy you need to consider what your mother would have done when she had capacity,  in considering her best interests.
When she had capacity, for whatever reason she chose the solicitors rather than family and friends.
Changing the executor doesn’t benefit her in anyway at all, only the beneficiaries, So again, even if it was possible,  I don’t see how you would argue that something that won’t impact  her would need to be changed in her best interests.

Approach the solicitor when the will needs to be dealt with and ask them to stand down.

Many thanks for your response.  The will was written over 35yrs ago at the same time as my Father's will - he has since updated his & through that process became aware of the % charges applied by the high-street bank & subsequently changed his Executor.  I don't believe my Mum would even have been aware of the % charge at the time of her stroke.

Today, I firmly believe that my Mum would have the same opinion as my Dad & would prefer the majority of their (modest) estate to benefit either him or their 5 children instead of a significant % being paid to the high-street bank.

It may not be an issue if Mum predeceases Dad -presume she has left everything to him and then to children if he died first? You may not need probate for the first death anyway in that case.

That is a good point, you can be proactive on this by making sure her sole assets are not held somewhere where you won’t be able to release them without probate. Financial institutions have quite high levels where they will release the holding without the need for probate but each have different upper limits so  you need to do a little research.

The banks will still want to see a copy of the will so the OP will still need to get the executor bank to make  a renunciation.

Flugelhorn

Keep_pedalling said:

Flugelhorn said:

deputy_sj said:

elsien said:

As above.
 Plus for your role as deputy you need to consider what your mother would have done when she had capacity,  in considering her best interests.
When she had capacity, for whatever reason she chose the solicitors rather than family and friends.
Changing the executor doesn’t benefit her in anyway at all, only the beneficiaries, So again, even if it was possible,  I don’t see how you would argue that something that won’t impact  her would need to be changed in her best interests.

Approach the solicitor when the will needs to be dealt with and ask them to stand down.

Many thanks for your response.  The will was written over 35yrs ago at the same time as my Father's will - he has since updated his & through that process became aware of the % charges applied by the high-street bank & subsequently changed his Executor.  I don't believe my Mum would even have been aware of the % charge at the time of her stroke.

Today, I firmly believe that my Mum would have the same opinion as my Dad & would prefer the majority of their (modest) estate to benefit either him or their 5 children instead of a significant % being paid to the high-street bank.

It may not be an issue if Mum predeceases Dad -presume she has left everything to him and then to children if he died first? You may not need probate for the first death anyway in that case.

That is a good point, you can be proactive on this by making sure her sole assets are not held somewhere where you won’t be able to release them without probate. Financial institutions have quite high levels where they will release the holding without the need for probate but each have different upper limits so  you need to do a little research.

The banks will still want to see a copy of the will so the OP will still need to get the executor bank to make  a renunciation.

My father was in a nursing home and we made sure that everything was in joint names with my mother so basically there was nothing to deal with at the end, his balance in his personal account partially paid for the funeral and hence the account was emptied that way.