Will {mine!} any solicitors out there ? Thanks.

[oakleaffy]

When I got Divorced years ago, I had a Will drawn up by my Solicitor.

My DS is now an adult, and my Will was drawn up when he was a child of 4 yrs, so I had my Brother mentioned as Executor.

In lockdown, I crossed out my Brother, and wrote DS's name in there in black pen...
But a friend said ''That invalidates the Will, get a 'will kit' from a post office and write it out with two witnesses.

I feel that this {writing it out myself} has the capacity for error.

DS is the sole benefactor, but should we both die, some of the people mentioned have since died themselves {Dad, Auntie}.

What is the best way to go forwards?

Thanks.

Do a new will.

You need a new will. You can’t just cross his name out.

You’ve just invalidated your own will by scrawling on it.Take advice and do a new proper one.

Bumble mummy or something like that has done lots of wills on mumsnet

Hmm...That's what I thought.
I did it in a panic when I thought I might have had Covid.

I'll make an appointment to see a Solicitor if they are open.

The last thing I'd want would be for the current one to be invalid.

Brother lives a way away now, too.
It makes sense for DS to be executor now he is an adult.

@MsTSwift

You’ve just invalidated your own will by scrawling on it.Take advice and do a new proper one.

That is what DS said.. 'Mum, I could have written that-It wasn't even witnessed properly''.

It was in a blind panic in the dark days of early lockdown when I probably just had a cold. 🤔

You can make handwritten changes to a will but those changes have to be witnessed, which yours weren’t.

You would definitely be best speaking to a solicitor. You wouldn’t even need to meet them face to face (depending on their current money laundering checks).

If your will is simple and straightforward, a "do it yourself" kit from the stationer's will hold up legally, provided that you follow precisely the instructions which come with the kit about witnesses etc. My DM got one from WH Smith, and all proceeded smoothly when the sad day came.
The Consumers Association used to publish a cheery little tome called "What to do When Someone Dies" which gives all the addresses you need for contacting the right people, which I found worked for me - no legal expertise, just common sense. Winding up an estate is one of the few areas of law geared up to the layperson.
Better to see a solicitor if there are complications of any sort in your personal circumstances; a friend of mine took advantage of a "special offer" they run every year, I think in October.
I wouldn't worry too much about your brother being an executor. M DM's will mentioned a family friend as executor, as it was drawn up when I was still quite young, but by the time it came to be executed, I was older and more capable, and he basically left me to it!

I did mine online with Farewill. As far I know it's all kosher and good for simple wills. Had to get it witnessed etc.
You can update it every year too.

@twoshedsjackson - apologies in advance if that's not what you meant, but you can't rely on a named executor leaving someone else to it! Lucky that happened in your case, but there is no guarantee and the wrong executor can really drag their feet, or be generally crap, or worse.

Op get a new will with DS as the executor.

NeedToKnow101 fair comment; I didn't make myself clear.
He was a good friend of the family, particularly a mate of DF, and kept in touch after DF's death. When I contacted him to tell him of DM's passing, he came round and we began to talk through what needed to be done. I had gradually taken over running matters domestic as DM's intellect failed, and was still in the family home. He'd wound up an estate before, and knew "what was what" and as we went through it all he laughingly said that I had a better grasp of how DM had been running her life than he did!
I certainly wouldn't rely on it, and if matters has been less straightforward, (for example if I lived elsewhere when inheriting) we couldn't have relied on trust. I realise that I was lucky in that respect. My DF had good taste in best mates!

Make a new will that's fully up to date with your intentions. . If you wait till autumn you can ask a participating solicitor to do it for a charity contribution . Cheap but foolproof.

@twoshedsjackson

If your will is simple and straightforward, a "do it yourself" kit from the stationer's will hold up legally, provided that you follow precisely the instructions which come with the kit about witnesses etc. My DM got one from WH Smith, and all proceeded smoothly when the sad day came. The Consumers Association used to publish a cheery little tome called "What to do When Someone Dies" which gives all the addresses you need for contacting the right people, which I found worked for me - no legal expertise, just common sense. Winding up an estate is one of the few areas of law geared up to the layperson. Better to see a solicitor if there are complications of any sort in your personal circumstances; a friend of mine took advantage of a "special offer" they run every year, I think in October. I wouldn't worry too much about your brother being an executor. M DM's will mentioned a family friend as executor, as it was drawn up when I was still quite young, but by the time it came to be executed, I was older and more capable, and he basically left me to it!

Ah, that is a relief... I'm sure my Brother would be relieved to be freed of being executor. Mum mentioned a 'Special offer'... I'll google it.

Re face to face and 'Money Laundering'...Is it in case they think I'm trying to alter someone else's will in my favour? {if they don't have to see me}
It should be a relatively 'simple' Will {I hope} just one beneficiary, and if we should die together...Or worse, the beneficiaries will be brothers and Mum. As they are currently.

It is worrying the amount of people whop don't have wills... if they have even a modest property, it will be worth something.

Maybe people don't like to contemplate their own mortality, or worse, the mortality of their loved ones.

I still remember the shock when my solicitor said ''if DC die before you..what then? and I hadn't even considered that..nor wanted too think about it, but of course, one must.

You don't need a kit; just copy the format and phrasing of the old one but replacing various names if they are no longer relevant. Then get it witnessed, of course.

[quote NeedToKnow101]@twoshedsjackson - apologies in advance if that's not what you meant, but you can't rely on a named executor leaving someone else to it! Lucky that happened in your case, but there is no guarantee and the wrong executor can really drag their feet, or be generally crap, or worse.

Op get a new will with DS as the executor. [/quote]
Thanks to all who replied...I will go to a bona fide solicitor, I think..
Brother would probably see it as a PITA.

Esp as I'd only specified a small amount of £ as recompense for doing it {worth much more then, of course}

I know a couple of situations {not mine} where a will keeps being contested, and is dragging on for over a decade-which seems crazy-
But these are warring siblings.
It seems so sad that when a DP dies, the adult kids are at each other's throats.
Usually happens if one of the adult kids still lives in the parental home and doesn't want to leave it.

@rosiejaune

You don't need a kit; just copy the format and phrasing of the old one but replacing various names if they are no longer relevant. Then get it witnessed, of course.

I witnessed my Lovely elderly neighbour's will..and her other neighbour was there at the same time, as witnesses. AFAIK the will went through ok, and it must have been one the Neighbour had written {typed} herself, I think.

Best to make sure your executors are happy to do it. I made sure of this by asking the people I wanted to do it if they were prepared to and by leaving my estate to them. I had planned to leave everything to a relative but the person in question made it clear they didn’t want to be my executor so I asked friends.

the way to alter a will is a separate document adding or taking from the will that when signed becomes part of the will, you shouldn't deface the legal document. If it is very simple ie everything just goes to DS and there are no other stipulations then a PO will is fine

Or find a charity doing wills for a donation - e.g. I think many air ambulance charities do this for a suggested donation of 40 quid - and a straightforward no other beneficiaries or executors is the most basic sort of will

Oh yeah, altering a will is called a codecil.