Estate Planning For Peace Of Mind

When should you change the executor of your will?

On Behalf of | Aug 25, 2023 | Estate Planning |

An executor plays a crucial part in an estate plan – they ensure the testator’s wishes are fulfilled. For this reason, you should choose a reliable executor for your plan. However, in the future, you may need to change them.

Here are four reasons that may call for this move:

1. Unwillingness to assume duties

Willingness is a crucial quality of an executor. They should be willing to assume the responsibilities that come with the appointment. However, they may accept the position but change their mind later. If this happens, you need to find a party that wants the responsibility.

2. Incapacitation

If your executor becomes incapacitated, you will need to choose another person. An executor should be capable of fulfilling your wishes and making the right decisions regarding your estate

3. Falling out

If you fall out with your chosen executor, perhaps you are no longer close with them, or you went through a divorce (if your ex-spouse was the executor), you may need to name another party. You should trust that your executor will act in your best interest.

4. Death

Of course, testators expect executors to outlive them. But this is not always the case. If your executor dies, you will need to appoint another party.

Is changing an executor difficult?

Changing an executor need not be difficult. You can do so by writing a new will or using a codicil. The challenging part may be finding a new executor, as you may need to go through the same procedures you did before to find a good fit. This is why it’s wise to have a backup executor who can take the executor’s responsibilities if need be.

It will be best to get legal guidance when naming a new executor to know the steps to take.