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.