changing executor of the will

[bemused1]

OHs will was made some time ago and things have changed. His daughter is at present named as executor- the will is very simple and direct.
However since things change I am not happy about this- this is my step daughter and a) I don't anticipate that she will want to have much to do with me after his death and b) I would be far more comfortable if she didn't know how my financial affairs stand. I have discussed this with him and he understands and is happy to change.

Now I understand this can be done by adding a codicil to his will. But in view of the fact that he has short term memory problems( which she knows about) and its not something I want to discuss with him atm ( the memory problems), would it be legal to do this now or would it be open to challenge?

Anyone know please?

[nitram]

It may be better to make a new will simply changing the executrix thus losing any record of the change.

Any will or codicil is open to challenge.

The best way to counter any future challenge based on capacity would be to get an appropriate medical professional to certify that your OH had testamentary capacity at the time of signing.

[sue38]

If your husband is happy with the contents of the will (other than the appointment of his daughter as executor) and there is no question about his capacity when he made the will, I would suggest that the change of executor be done by a codicil. If he does a whole new will now (when there may be a question as to his mental capacity) the whole will could be challenged.

You do have to be careful with the wording of codicils, so please take professional advice.

[bemused1]

If your husband is happy with the contents of the will (other than the appointment of his daughter as executor) and there is no question about his capacity when he made the will, I would suggest that the change of executor be done by a codicil. If he does a whole new will now (when there may be a question as to his mental capacity) the whole will could be challenged.

You do have to be careful with the wording of codicils, so please take professional advice.

Thank you for your advice, something I hadn't thought of.