Understanding Codicils for Changing Executors

A codicil is a legal document that allows a person to make amendments to their existing will without rewriting the entire document. One common use of a codicil is to change the executor of a will, which is the individual responsible for administering the estate after the individual’s passing. Below are three detailed examples of codicils specifically designed for changing the executor.

Example 1: Changing Executor Due to Personal Circumstances

In this example, an individual, Jane Doe, has decided to change the executor of her will due to personal circumstances. Jane originally appointed her brother, John, but has since experienced a falling out and feels it may be best to choose someone else.

To effect this change, Jane drafts a codicil that states her intentions clearly. The codicil formally replaces John with her trusted friend, Sarah, as executor. This change ensures that Jane has someone she trusts to manage her estate.

Codicil Example:
I, Jane Doe, born on March 5, 1980, residing at 123 Elm Street, Springfield, hereby declare this to be a codicil to my last will dated January 10, 2020.

I hereby revoke the appointment of my brother, John Doe, as executor of my will. I appoint my friend, Sarah Smith, born on June 15, 1981, residing at 456 Maple Avenue, Springfield, as my new executor.

All other provisions of my will remain unchanged.

Signed: Jane Doe
Date: October 6, 2023
Witnessed by: [Witness Name]

Notes:

• It is important for Jane to have the codicil witnessed according to her state’s laws to ensure its validity.

Example 2: Changing Executor Due to Health Considerations

In this scenario, Robert Johnson is a 75-year-old individual whose health has declined recently. Initially, he appointed his son, Mark, as the executor of his estate. However, due to Mark’s demanding job and Robert’s concern for his son’s ability to fulfill this role, he decides to appoint his daughter, Lisa, instead.

In the codicil, Robert clearly outlines the changes and ensures that Lisa is aware of her new responsibilities.

Codicil Example:
I, Robert Johnson, born on February 12, 1948, residing at 789 Oak Drive, Metropolis, hereby declare this to be a codicil to my last will dated July 15, 2018.

I revoke the appointment of my son, Mark Johnson, as executor of my will. I appoint my daughter, Lisa Johnson, born on January 20, 1980, residing at 321 Pine Lane, Metropolis, as my new executor.

All other provisions of my will remain unchanged.

Signed: Robert Johnson
Date: October 7, 2023
Witnessed by: [Witness Name]

Notes:

• Robert might consider discussing this change with both Mark and Lisa to ensure a smooth transition.

Example 3: Changing Executor Due to Location Changes

In this example, Emily Clark has recently moved to another state and wishes to change her executor due to logistical reasons. She initially appointed her cousin, Tim, who resides in her previous home state. Now that Emily lives in a different state, she feels it would be more practical to appoint her neighbor, Rachel, as executor, who is familiar with local laws and regulations.

Emily drafts a codicil that reflects her new choice of executor and clarifies her rationale.

Codicil Example:
I, Emily Clark, born on April 22, 1990, residing at 654 Cedar Street, Newtown, hereby declare this to be a codicil to my last will dated March 30, 2021.

I revoke the appointment of my cousin, Tim Clark, as executor of my will. I appoint my neighbor, Rachel Green, born on August 18, 1985, residing at 789 Birch Road, Newtown, as my new executor.

All other provisions of my will remain unchanged.

Signed: Emily Clark
Date: October 8, 2023
Witnessed by: [Witness Name]

Notes:

• Emily should ensure that Rachel is willing to take on this responsibility and may want to provide her with a copy of the will and codicil for reference.