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Wills: how up-to-date do beneficiary details need to be?

8 replies

CrieffBobsledTeam · 02/04/2018 09:20

A beneficiary in our wills has recently split up with her DH. Not only has she changed her address as a result but also her last name (was double-barrelled but has now reverted to just her own).
Do we need to update her name and address details on the wills? Or is it sufficient that executors would know that we mean her?

OP posts:
MrsBertBibby · 02/04/2018 12:29

No need to change, although wills should be reviewed periodically anyway, in case they need changing.

Sophiesdog11 · 03/04/2018 20:26

I wouldn't worry, when my cousin died 3yrs ago he left estate to cousins children. Hardly any of addresses were correct (even though the will was fairly new - think he had taken them from his late mums address book!). One beneficiary has a name that can be spelt more ways than one, first cheque was spelt wrongly but still accepted by bank!

I was still named under my maiden name in my mums will (not changed from 80s!), I think I showed my marriage certificate to solicitor when we picked up the will, and sent it off with probate, but otherwise it was fine.

As pp said though, wills should be updated regularly. We did an update 3yrs ago, naming our teenage DC as executors as soon as they hit 18 (along with SIL) and making provision for a childs share to go their children if they predecease us, even though children of their own are not likely to be on their radar for a few years yet!!!

CrieffBobsledTeam · 12/04/2018 18:51

Thank you both. I'm sorry for the long delay, I went to stay at my dad's for a while and totally forgot I'd even posted! Very appreciative of your comments, good to know we don't need to take any action.

OP posts:
CrieffBobsledTeam · 12/04/2018 18:54

And yes we have plans to update when DD1 is 18 (3-4 yrs time) as we're expecting guardianship arrangements etc to alter then.

OP posts:
Mumblechum0 · 17/04/2018 16:09

I wouldn't worry about changing them just because your children are 18, as the guardianship clause will just lapse naturally..

I do suggest to most of my clients, though that once your children are at an age where you wouldn't mind them inheriting outright (so around 21), you may as well change the will then to appoint them as your executors.

CrieffBobsledTeam · 17/04/2018 22:50

Thank you Mumble - we wouldn't necessarily change it then but we thought it was a good time to think about it. Useful info to consider appointing DC as executors at a suitable point, thanks.

OP posts:
Sophiesdog11 · 17/04/2018 23:13

Following on from Mumblechums comment - we didn't purposely change them as eldest approached 18, it happened that way as we originally had my DB and DH sister as joint executors. My DB and I had always had a rocky relationship but I was trying to play fair, one from each side of family. The wills were written 20yrs ago and I had been thinking for a while that we should change the wills to remove him, but I wasn't sure whether to add a second executor with SIL, and if so, whom, so as DS crept through his teens, I just kept delaying it.

It came to a head 3yrs ago when we found out that DB had taken a large part of mums money, and it caused a massive rift. I realised I didn't want him anywhere near our estate and we immediately made the solicitors appt.

As DS was only months off 18, and very mature, it seemed sensible to add him as the 2nd executor, and the wills were written such that DD will also be an executor when she turns 18 in a few weeks.

So, we didn't specifically choose to update as DS approached 18, but with the urgency to get my DB removed, the timing seemed right and it seemed natural to include DC as executors. DS was also named as a joint guardian for DD with SIL.

As mumblechum says, 21 may be a better age to include DC as executors.

Xenia · 20/04/2018 10:12

I agree there is no need to change when children become 18 or addresses change although I made a new will when our youngest 2 turned 18 last year as I wanted equality between all the children as regards who is executors and it was worth an update anyway and I ensured the 3 boys made wills at the same time so I thought it was worth the effort.

I agree 21 may be more sensible but in practice the 2 older sibling solicitor siblings would probably take charge ( as I did of my siblings when our father died) and my 19 year olds unlike many are very very mature and sensible probably because of having older siblings.

When a relative died in Tasmania the executors out there (a law firm) were able to track me down as I had not changed address and could be found via my website and by email and I was then able to give details of other family members but had that not been the case very out of date details might be a slight problem particularly at such a distance so perhaps next time you want to review your will just update the details then.

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