19 Jun 2017

A question about : changing a will

I have friends, without a great deal of assets, who already have wills and they are quite happy with the provisions in these.

One of their friends died recently and his wife is very unhappy with how the solicitor is dealing with the estate. So they have decided they would like to remove their solicitor from being executor.

I suggested going to a solicitor to get it changed, but they are reluctant to do this. (They may not want to tell him his services are no longer required!)

So can they just add a few lines saying they want to change their executors, with it being signed, dated and witnessed?

Best answers:

  • Best to get the wills redrafted. Not worth the risk if they have substantial assets.
  • Thank's folks, there are not a great deal of assets - well below IHT levels.
    I've no idea if they are originals or simply copies, I haven't seen them. I've only been asked for advice on changing executors from a solicitor to family members. I don't know the content so wouldn't ask to see them.
    I'll suggest that they get them redrawn.
  • I think that there are four options:
    (1) Create your own Codicil stating that they do not want the stated executors to act and then name another executor and reserve executor.
    This is probably the cheapest option, at worst the codicil is declared invalid and the existing executors remain.
    (2) Take the text of the existing Will, type it up as written but with different executors, get it signed and witnessed.
    Assuming the Will is reproduced accurately this should work. At worst the new will could be deemed invalid. If so the original will would apply.
    (3) Ask the solicitor to revise the Will
    (4) Ask another solicitor to produce a new will.
    I suspect (3) and (4) are equally costly.
    Quote:
  • Free wills month next month I think. Might be good to have it all redone, cancelling all previous wills.
  • We had our wills done through Will Aid and didn't appoint the solicitors as executors.
  • I have only ever known seriously wealthy people to have professionals (solicitors or someone at the bank) acting as executors. Everyone else seems to use family or friends. My sister-in-law wanted me to be her executor but I declined because we are similar age wise and I would likely be dead or dotty when she dies.
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