Codicil Possible??

[tigerlelly]

A friend's mother made a will some years ago leaving everything to him, her only child. The solicitor is named as executor. She is bedbound now but could another solicitor go to the house and add a official naming somebody else as executor and remove original solicitor from that role. I don't think my friend can take the role as he is sole beneficiary? TIA

[bednobs]

yes
yes your friend can

[bhg481]

Being a beneficiary does not stop you from being the executor of a will. The bar you are thinking of is that a witness cannot be a beneficiary. My daughter, an only child, is the sole beneficiary and executor of both my will and my wife's will.

[Buenchico]

There's no need to involve a solicitor. Simply type out the following:

"This is the first codicil to the will dated [date of original will] of me [full name of your friend's mother] of [her address].

1. I revoke my appointment of [name of solicitor] as executor of my will.

2. I appoint [your friend's full name, or that of another chosen executor] of [their address] as executor of my will.

3. In all other respects I confirm my will.

Date:

Signature:

Signed by [full name of your friend's mother] in our presence and then by us in hers:

[Signature of first witness]              [Signature of second witness]
[Printed name of first witness]    [Printed name of second witness]
[Address of first witness]                 [Address of second witness]
[Occupation of first witness]          [Occupation of second witness]"

Notes:
(i) your friend CAN be executor of his mother's will. (It's common practice. I was the executor and sole beneficiary of myfather's will) ;
(ii) you friend must NOT act as a witness (otherwise he can't inherit) ;

(iii) the witnesses MUST actually see your friend's mother sign the codicil. Their signatures won't be valid if they don't.

(iv) the inclusion of the witnesses occupations (and, indeed, of their addresses) is optional; it's just common practice to include them.

[Buenchico]

PS: To state what is somewhat obvious, the codicil needs to be kept with the will (and your friend needs to know where that is).

[woofgang]

Just to be clear and to add to Buenchico's excellent advice, the witnesses MUST sign at the same time and in each other's presence and in the presence of the testator. They don't have to see what is in the will.

[Peter Pedant]

yeah you need to get the will out of the solicitors hot little hands and the lady in question does that by requesting it.

solicitors can charge ( Trustee act 2013) and how !

[woofgang]

If solicitor plays silly b's about giving back the will, then the way around it is to make another one revoking all previous wills. If everything is still going to one person and that person is also the executor it can be quite a simple document.

[tigerlelly]

Thank you everyone for the excellent answers. Friend will contact a different solicitor next week to add the codicil.

[Buenchico]

Thanks for your reply but I still think using a solicitor will be wasting time and money.

I used to be the managing director of a will-writing company. I can assure you that the wording used in my post above is entirely valid and probably almost identical with what a solicitor would charge your friend's mother lots of money for.

[tigerlelly]

Thanks, Buenchico. Agree with you unreservedly and would do as you suggested but it is my friend's decision.

[Peter Pedant]

so the fren is gonna see a solicitor about a will ...
why do we even bother ?
sozza Tiger that is not directed to you - you are sortta in our boat ( giving good advice which is then ignored and wivda suspicion that whatever you said - it was gonna be ignored anyway)