Power of Attorney wanting to appoint executor of a will

[Stravinskykof]

I have a lasting power of attorney for a relative who has fairly advanced vascular dementia. Her husband recently passed and the solicitors are dealing with his will as executors. The family seem to have little input as none of us are executors, although that's not a big issue at the moment apart from the cost which we don't know as its never been discussed with either of them. His estate will pass straight to his wife.

I am trying to think ahead, as my aunt is not well and her will also has the solicitors as sole executor. We would like to appoint one of the family as an executor to give us some family control and input. As I hold the lasting power of attorney for her for finance and health and she is unable to make such decisions herself, do I have the authority to contact the solicitor to arrange for a family member to be appointed as an executor of her will either replacing them, or alongside them?

[des8]

Sorry, if the person lacks testamentary capacity the will, and therefore the executor, cannot be changed.
Attorneys can act in financial matters for the donor but they cannot change anything about a will.

HOWEVER... if your aunt has periods of lucidity during which she has sufficient capacity, she could sign a codicil changing the executors.
If this is at all feasible you would need to have it overseen by a solicitor who could testify to your aunt's capacity at the time of signing.

[Stravinskykof]

Sorry, if the person lacks testamentary capacity the will, and therefore the executor, cannot be changed.
Attorneys can act in financial matters for the donor but they cannot change anything about a will.

HOWEVER... if your aunt has periods of lucidity during which she has sufficient capacity, she could sign a codicil changing the executors.
If this is at all feasible you would need to have it overseen by a solicitor who could testify to your aunt's capacity at the time of signing.

Thanks, yes she does have days of lucidity but knowing when is difficult to judge in advance so planning with a solicitor would be a challenge. Of course we wouldn't want to be changing anything in the will, solely wanted input into how it would be eventually administered

[anmarj]

You could ask them to step aside when the time
becomes, but they don’t have to agree to it.

[Stravinskykof]

You could ask them to step aside when the time
becomes, but they don’t have to agree to it.

Thanks, yes I read that ...... but on estimates Ive seen they stand to make around £13k on each of these wills .... and they have an estate agents within their group too! I'm not sure how happy they would be about stepping away from that but with the agreement of the other family members I guess its worth a try

[ostell]

Have a council prepared that appoints another executor and during one of the periods of lucidity get her to sign it and witnessed by 2 others

[Stravinskykof]

Have a council prepared that appoints another executor and during one of the periods of lucidity get her to sign it and witnessed by 2 others

Thanks, I actually took your advice and yesterday we explained it all to her and in the presence of two independent witnesses she signed a codicil asking for me to be added as an executor. Her signature wasn't like her signature at all unfortunately as she has lost a lot of strength and mobility, so I dont know if that will be queried. However as said, it was witnessed by two independents who will attest to the fact that she was fully aware, and indeed they went back to her a while later and asked her again if she understood and was happy.

I guess I'll write a letter to the solicitor explaining the circumstances under which it was signed and hand deliver it with the codicil to their offices. Just a question then if they accept the signature.

[Stravinskykof]

Have a council prepared that appoints another executor and during one of the periods of lucidity get her to sign it and witnessed by 2 others

They have said they will accept the codicil, but their email reads - that means, I assume, if I were to make a mess of administering the will or if someone challenged the fact that I had been made an executor?
"However, this firm cannot accept any responsibility for any future consequences concerning the Codicil or how it has been prepared?"

[des8]

It just means they are taking no responsibility for anything that might flow from the codicil eg perhaps a challenge to its validity