Your Family Matters

Can you change your will’s executor?

On Behalf of | Oct 20, 2023 | Estate Planning

The executor of your will plays an integral part in your estate planning – they ensure your wishes are fulfilled. Thus, chances are you considered several factors to appoint the right party. But circumstances may change. Accordingly, you may need to find another one.

Here is when you may need to change your will’s executor:

A change in relationship

If you and your executor have a falling-out, you should name another party. You need to trust that your executor will act in your best interest to protect your legacy. 

Further, if your spouse is your executor, you may need to choose another person if you go through a divorce. An ex-spouse may not be the ideal person to handle your personal affairs after your death, even if you went through an uncontested divorce. 

The executor no longer wants to serve

Your named party may change their mind in the future. Perhaps they have new responsibilities in their life that make it difficult to assume their duties, or they simply have second thoughts. Regardless of the reason, you should understand their decision and choose another party. An executor should be willing to serve.

You found someone who is better equipped

If you find someone better equipped to execute your will, you can change your will’s executor. This may not be a primary reason to do so, as you can provide your executor with the needed resources to understand their role in depth. But if they fail to improve even after helping them, you can pick a better-equipped person.

Incapacitation or death

If your executor becomes incapacitated or dies, you will choose another party.

Some circumstances may call for changing an executor. You should get legal help to make valid changes.