Changing an executor

B

byra

Guest
I have a couple of questions.
My husbands mother has made a will. Its a simple straightforward will.
She's leaving everything to her 2 children. Shes a widow.
She also has other monies that is invested in the name of one of her sons.
She wants him to have this upon her death. She has told him so. He has no problem with that as he's been her main carer for the past few years, and its his "payback" for looking after her. But he feels his mother should tell his sibling that he's getting this money. Too nice for his own good sometimes!.
She does not want it mentioned in the will for tax reasons. Plus the money is invested by the son in his name for years.

Only problem is the other siblings wife is the executor of the will and if the mother dies she will obviously be gathering everything from the estate to divide it out. She will get the bank books, which my husband holds as he does all the banking, paperwork etc for his mother since his father died.
One of the accounts is less this value of money thats been invested. So she will see the missing money and want to know where its gone. hence my husband having to tell her its invested in his name as per his mothers wishes and this could cause trouble with his brother.!!!!!. Reason why he wants his mother to tell his brother about it. He probably won't have a problem with it as he knows that my husband has looked after his mother of the past few years. But if he found out afterwards he might think its being sneeky.

So basically my suggestion was that she change the executor of her will to her son. (the one who has the money invested in his name) and then no one would be the wiser. The explanation to the daughter-in-law would be that she has 2 daughters in law and doesn't want to distinguish between them as an executor, and is changing it to her son who is the eldest of the 2 children.
My parents have me as their exectuor as i'm the eldest.

Anyhow, if she were to change the executor, is it a big deal.? She had a stoke a good few years ago and her solicitor told her that tp make a new will she would have to get a letter from her doctor to say she was in full mind and body.! We know she is, and the solicitor knows her mind is perfect, but he told her this is the new law!!!!!!!!!.......is this true.

So what should she do?
Change the exectuor? Good idea?
Tell the other son about the money going to his brother.? Hes still getting half her other bank account and half the house anyway!.
 
Your mother in law will have to make a new will now if she is to have your husband as executor. While there is no 'law' as such forcing your mother in law to give the medical certificate to her solicitor, it is a safeguarding exercise as much for your benefit as anyones so that no one can challenge the will after your mother in laws death by reason of incompetency.
 
Thanks for that. We thought that alright. This is in Ireland and i notice your location is in the UK. The law might be different in Ireland.
 
LOL. In case that wasn't a joke, my reference to the Kingdom is of course the Kingdom of Kerry.
 
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