Next of kin

[user1470266148]

Hi all
Thanks for your advice following my last thread.
I'm now in a bit of a pickle regarding next of kin. I am now single and need to change my NOK. My DS is of age but terribly irresponsible and my work death in service is 3x salary. I also own properties and have high value private pension plans.
I wish my DS to inherit everything should I pass, however, I do not believe he would use his inheritance wisely.
The only person I trust to ensure he inherits everything and uses it wisely in my XH (his father) who is currently in prison.
Am I able to list XH as executor of my will?

You can make whoever you like an executor although I'm not sure how he would carry out his duties as executor if he is in prison. Are you going to be making a new will or do you need to amend an existing one?

You can name a solicitor as the executor, who could hold it in trust for your son until whatever age you deem would be sensible, be that 18 or 50!

As a last resort, there’s a government official called the Public Trustee who will be your executor if there’s really nobody else who can do it.

The most common situation where the Public Trustee will step in is if your will leaves everything to one person and that person can’t act as executor himself or herself – for example, a child or an adult whose disability means they are incapable of managing financial affairs.

You can appoint the Public Trustee as the executor of your estate to deal with your property and money after you die if:

##there’s no suitable person who’s willing and able to act as executor at that time, eg someone who’s over 18, isn’t bankrupt and doesn’t have a criminal conviction

##the person who will benefit from the will is vulnerable, eg a child or adult whose mental disability means they can’t manage their own finances and property

The Public Trustee can do most things that any other executor can do, such as apply for probate.

The Public Trustee can’t be your executor if:
##executing your estate involves managing a business
##your estate is insolvent, eg the debts are more than the assets