Changing executor on a will

Sunshine_and_Roses

My parents wrote mirror wills 30+ years ago when I was a teenager, appointing my two eldest siblings as executors.  Around 10 years ago I took out POA for both parents for Property and Finance, and I have been happy to manage this since.  My father died a few years ago, and I was able to arrange everything on my mums behalf.

Recently, my mum has been diagnosed with a terminal illness, which has devastated the family.  I have continued to handle all her affairs, arrange hospital and doctors appointments etc with the blessing of my mum and siblings.

My question is, when anything happens to mum, my role will cease immediately and my two eldest siblings will take over.  One lives away and the other admits she would not have a clue what to do.  Mum assumes I will continue to sort everything out (which is fine with me), but is there any easy way of doing this without having to go through solicitors, which could be quite upsetting as we know mum may only have less than a year to live.

We are a very close family, and all willing to do our bit whether this is admin or caring, but want to make the process as simple as possible.  Would be grateful for any advice.

Browntoa

As far as I'm aware, a simple codicil attached to the will stating that your mum wishes to remove X and y as executor and appoint you is sufficient. Must be witnessed by a non involved 3rd party  and dated

For clarity both your siblings could also attach witnessed letters stating that they relinquish their executor role and agree that you should carry out the probate etc 

Sunshine_and_Roses

Browntoa said:

As far as I'm aware, a simple codicil attached to the will stating that your mum wishes to remove X and y as executor and appoint you is sufficient. Must be witnessed by a non involved 3rd party  and dated

For clarity both your siblings could also attach witnessed letters stating that they relinquish their executor role and agree that you should carry out the probate etc 

Thank you, that's really helpful.  I understand that a codicil is an attachment to a will, but can it be set out as a straightforward letter or is there an official document that would need to be completed?

polar_pig

You could use this template:

https://www.rocketlawyer.com/gb/en/family-and-personal/make-wills-and-trusts/document/codicil

I'd suggest multiple copies are signed by signatories, one goes with the original Will, you keep one and maybe others for siblings. Also keep a copy of the original Will.

Alderbank

Since you all get on well with each other, the easiest thing to do would be when that time arrives your two siblings would choose to have their power reserved so that you could make an application for Letters of Administration with the Will annexed.

Effectively that means that you become the executor instead of them, but if anything were to happen to you they could come back.

Keep_pedalling

Alderbank said:

Since you all get on well with each other, the easiest thing to do would be when that time arrives your two siblings would choose to have their power reserved so that you could make an application for Letters of Administration with the Will annexed.

Effectively that means that you become the executor instead of them, but if anything were to happen to you they could come back.

I think both executors would have to renounce rather than reserve powers to allow the OP to take over. The alternative is for one of the executors to give the OP POA  to act for them.

Mojisola

clareski said:

I understand that a codicil is an attachment to a will

Don't actually attach it to the will.  

It should be kept with the will and both will need to be send to get probate.

Use the template, rather than a letter, and make sure it's signed and witnessed correctly.

pjs493

An alternative to the suggestions above might be to have a solicitor come to your mum’s home for her to write a new will. Given how old it is, there may be other elements that need updating in addition to changing executors. Many firms will have someone who will do a home visit and deal with things with compassion and sensitivity given your mum’s health. 

Savvy_Sue

If you don't manage to get anything done, the easiest thing to do is that you fill in all the forms, explain them to you siblings, and they sign and submit.

Mojisola

Although the plan is for you to take over as a single executor, have your siblings named as back-up executors if you are unable to act.

It's worth thinking of a range of possibilities and planing for them - in case, say, your and your mother were in an accident, mother dies and you are hospitalised.

Mothman

Had a similar situation with my late mother's estate. In that instance I did all the work and form filling and my brother who was sole executor just signed the forms. However we both get on well and trust each other which obviously helps.