Removing an Executor

[ShellL]

My husband and l , when making our wills, appointed my daughter and my husbands son as executors of our will.
My husband has had a huge falling out with his son and there doesn’t appear to be any resolution,
We wish to remove him as executor, we will also be removing him from the will.
From what we gather , disinheriting is fairly basic with adding a signed by JP ect amendment to the will .
What lm wondering is how we have him removed as the executor
Thank you

 

[Rob Legat - SBPL]

From what we gather , disinheriting is fairly basic with adding a signed by JP ect amendment to the will .

I suspect what you're referring to is a codicil. My thoughts on them is that if you have the time to re-do the will completely - do it. Codicils can get 'lost', causing the original will to stand - and that's not something you'd want in these circumstances. This is especially the case with a change of executors as the executor being removed may argue the will is valid but the codicil is not, and seek to gain control of the estate on the basis of the appointment in the will.

Cutting an immediate family member out altogether as a beneficiary should be done very carefully. Even then there's nothing you can do to stop an application being made for family provision (you just set up the circumstances to hopefully defeat the claim).

Cutting out an executor is much easier as there can be no expectation of being appointed as an executor. It's not a right to be 'enjoyed' - it's an appointment which may be declined. However, for the sake of certainty and the above reasons, I'd suggest getting the will redone.

 

[ShellL]

Thanks Rob
We have discussed re doing the will which will probably be the best decision
Shellie