No Executor in Will

MysteryMan

My friend has just tragically lost her husband.

They had mirror wills and just named each other as Executors in the wills. So, now she has a will that is just naming her late husband and, obviously, he wont be able to take care of her will.

They have 2 children.

What happens in this situation? Should she get a new will done and include the children as executors or is there a way round it that doesn't involve writing a new will?

FlorayG

I would ask a solicitor how much it would cost to just make that one obviously necessary change; I wouldn't think it would cost much as the rest of the will is unchanged

MysteryMan

FlorayG said:

I would ask a solicitor how much it would cost to just make that one obviously necessary change; I wouldn't think it would cost much as the rest of the will is unchanged

In theory, yes, but I suspect solicitors would charge £100 just to consider answering the phone!!!!!

mebu60

Are the children adults? 

Your friend could draw up a codicil to her will naming the new executor(s), sign and date it and have it witnessed by two people with no connection to anyone who benefits from the will. 

Keep_pedalling

How many years ago was this will made? Unless it is within the last few years a new one would be advisable. 

Marcon

FlorayG said:

I would ask a solicitor how much it would cost to just make that one obviously necessary change; I wouldn't think it would cost much as the rest of the will is unchanged

If these are mirror wills, I wonder if her current will names her late husband as a beneficiary - in which case the rest of the will certainly isn't going to be 'unchanged'.

Having a new will done would make a lot of sense regardless.

MysteryMan

Marcon said:

FlorayG said:

I would ask a solicitor how much it would cost to just make that one obviously necessary change; I wouldn't think it would cost much as the rest of the will is unchanged

If these are mirror wills, I wonder if her current will names her late husband as a beneficiary - in which case the rest of the will certainly isn't going to be 'unchanged'.

Having a new will done would make a lot of sense regardless.

Thanks, but this will (as all wills should) covers this scenario!

p00hsticks

My understanding is that if the sole executor is no longer able to act when the time comes, either through death or incapacity, there is an probate option for a close relative or beneficiary to apply for a 'grant of administration with will annexed', which is a halfway house between when there is no will (and therefore no executor) and where there is both a will and willing executor....

But I agree that in the circumstances it may be worth considering in due course whether the entire will should be redrawn...

Keep_pedalling

MysteryMan said:

Marcon said:

FlorayG said:

I would ask a solicitor how much it would cost to just make that one obviously necessary change; I wouldn't think it would cost much as the rest of the will is unchanged

If these are mirror wills, I wonder if her current will names her late husband as a beneficiary - in which case the rest of the will certainly isn't going to be 'unchanged'.

Having a new will done would make a lot of sense regardless.

Thanks, but this will (as all wills should) covers this scenario!

Well it clearly did not cover for an alternative executor so what else could be missing?