# Codicil to change Executor



## pjq (2 Dec 2008)

My Aunt wants to appoint a family member as her Executor instead of her Solicitor . She requested him to prepare a codicil but was informd that she must come to his office as a complete new Will would be required. This would be the first codicil to her will and she does not want any further changes to her will. 
I tried Googling this, but did not find any Irish info. Is a new will required ? Where can appropriate wording be found ?
pjq
PS in my Googling I found this gem from Australia (just read first line)


----------



## Padraigb (2 Dec 2008)

If that is the only change she has in mind, it's trivially simple and, unless the will is quite complicated, there seems to be no big deal about making a fresh will. She could do it herself or, if she prefers to have the solicitor do it, she should not expect to be charged heavily for the work.


----------



## MOB (2 Dec 2008)

"She requested him to prepare a codicil but was informd that she must come to his office as a complete new Will would be required."

A complete new will is not technically required BUT the formalities for executing and witnessing a codicil are exactly the same as for a will. It is probably just as easy to execute a new will with the executor's name changed.

The real issue is whether she must come to his office, and I am afraid the answer is yes she must.   It is considered prima facie negligent for a solicitor to send a will or a codicil to a client for execution - it should only be done in the presence of the solicitor, who can ensure that the formal requirements for witnessing the will are properly observed.


----------



## Bessa (2 Dec 2008)

If your aunt is unable to visit her lawyer she should request that he visit her. Any decent lawyer will do this.


----------



## Padraigb (2 Dec 2008)

Bessa said:


> If your aunt is unable to visit her lawyer she should request that he visit her. Any decent lawyer will do this.



And charge for it!


----------



## pjq (3 Dec 2008)

There are 3 reasons why she does not want to see the solicitor;
She has serious mobility issues , 
Facing her mortality once was enough , she does not want to re-do or review will again,
As a nice senior citizen , she feels bad about "fleecing" the solicitor out of a lucrative executorship.
I think that I might get her to do a simple codicil as follows ;

By this first  Codicil to my Will dated  01/01/2000
I ,	Auntie
Of 	Address
Now hereby remove Sick&Tired & Co Solicitors as executors  and appoint Mr Anybody as executor to my said will.
In all other respects I confirm my said Will.

Signed (in front of witnesses)  ____________________________________________
Date  			

The rules for signature and withnessing are posted elsewhere in this forum.


----------



## Padraigb (3 Dec 2008)

Probate work is an important part of the practice of many solicitors -- more so that ever, in the light of the loss of so much conveyancing work. So there is a possibility that if there is anything that can be challenged about such a codicil, the solicitor will have an incentive to challenge it (over and above his professional duty to be true to the intentions of the testator, and ensuring that the choice of new executor was not unduly influenced or in some other way faulty). In other words, make sure that you get it right.


----------



## mf1 (3 Dec 2008)

Mountain. Out of. Molehill.

A few suggestions: 

1. Ask another solicitor from another office to attend at her home to make the new will. It makes no sense at all in this day and age to be adding on codicils to wills that can perfectly well be amended/ drafted on screen and run off.

2. Make a new will herself. At home. With all the attendant risks of getting it wrong. 

3. Do as you suggest and do the home version codicil and fret as to whether it will be ultimately  correct.  

4. Leave the will as is. 

mf


----------



## dazza21ie (3 Dec 2008)

pjq said:


> she feels bad about "fleecing" the solicitor out of a lucrative executorship.


 
I think most solicitors would prefer not to be named as executor. I know I would never encourage a client to name me as executor and would usually recommend someone who takes the majority share under the will to be executor but sometimes this may not be appropriate.


----------



## pjq (3 Dec 2008)

dazza21ie said:


> I think most solicitors would prefer not to be named as executor.


Since my Aunt started relying on her family for day to day errands , we have got to know her friends , three of whom have found their solicitors reluctant to assist in changing executors (there were issues with a  departed aquaintances estate). 
I can get the Holy Eucharist down to her house easier than I can get a piece of legal paper . 
pjq


----------

