Appointment of Former Son in Law as Excutor

Trusts Discussion
1

I have a client whose Will appoints her daughter and daughter’s husband as Executors. The daughter has since divorced. My client does not wish her former son in law to have the right to act as Executor but still wishes her daughter to be an Executor.

Am I correct in saying that S18A Wills Act only applies to the former spouse of the testator and therefore does not cover my client’s position?

Whether or not S18A applies to this situation, I think it advisable for my client to have a new Will drafted without the appointment of the former son in law so the position is clear. However, I would appreciate it if someone could confirm the correct legal position.

Hazel Jones

2

Yes, s.18A Wills Act 1837 applies only to a former spouse of the testator and so will not affect your client’s will.

Paul Saunders

3

You will need a codicil to change the executors.

Simon Northcott

4

A new will is advisable as it would mean that any reference to your client’s son-in-law is removed and he won’t appear on the will when it is proved.

David Kitcat