Can a will be amended after the executor named in it dies, and if so, how? | LawHive - Solicitors & Lawyers Online
Can a will be amended after the executor named in it dies, and if so, how?
3 questions really. I’m widowed with two young teenagers. I did a will with a local solicitor some years ago who subsequently retired and documents passed to another local firm. I need to amend it because my father has passed away and he was named as executer and guardian of my children along with my sister should anything happen to me. They are being entirely useless don’t return my calls. 1) Can I just write a new one with another solicitor. 2) what would be the advice regarding my children. My only remaining blood relative is my sister who is great loves them and would look after their welfare but is entirely clueless and not particularly sensible regarding money and finances. My inlaws are elderly I can’t put them down. I don’t really want her in sole control of their estate should it come to it. I have a step brother (he and my sister don’t really know each other well) he is happy to be named and I believe would act in their best interests financially but I want to be clear how it would work between them so he is clear about what responsibilities he is committing to before I rock up with his details at a solicitor. It could be difficult (sister can be difficult) what other options or are there considerations I need to discuss with him. Do both have to agree in terms of both welfare education and finances jointly?TIA

Connie Lamy

16th March 2022

Top Answer
NQ: can't help with dissolving the original will. but I've named a non-blood relative as a legal guardian in my will, if anything should happen to my parents or aunt (eldest will need life long support). so I know that part can be done.

Betty Malinsky

16th March 2022

1 upvote

NQ I think if you write a new will it will supersede the original will as it will be the latest dated one? I have had my boys inheritance put in trust until the youngest is 25 as I didn’t want them getting too much money too young, I have also named 2 very good trusted friends to be in control of the trust and they both have to agree if the boys want or need anything!

Michael Lawary

16th March 2022

1 upvote

Will Writer/CILEX- You can write a new Will and, as soon as it’s signed, it will revoke your old Will. You can have your sister as the guardian and your step brother and sister as the trustees so that they both have authority to decide how and when your money is spent for your children. Day to day decisions would be the responsibility of the guardian (your sister) I would also recommend writing a letter of wishes that sits along side your Will with instructions to your guardian/ trustees to help them in their role and try and prevent disagreements. You could also appoint a professional to act as a trustee but this would usually be the last resort if no one else is suitable.

Kelly Price

16th March 2022

1 upvote

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