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Can you alter a will or is is best to get a new one.

5 replies

Penfold007 · 27/08/2018 18:16

DH and I have mirror wills drawn up nearly 30 years ago. Obviously our lives have moved on.
Our other executor would not want the bother anymore, I am named in my now late DF's trust fund and I pre-decease DH I want that fund to go to our DC and not him.
I think we need fresh wills DH doesn't, any advice?

OP posts:
BiteyShark · 27/08/2018 18:20

I think depending on the changes you can get a codicil which amends the original will.

If there are many major changes it might be better to have a new will but a will writer or solicitor will advise.

Namechangeforthiscancershit · 27/08/2018 18:27

Changing an executor is easy to do by codicil, redirecting the trust fund isn’t and you will probably need some advice on that, someone to look at the terms of the trust etc.
So I say you are right and your DH is wrong!

Penfold007 · 27/08/2018 19:17

DH now agrees with you, having done some research. Thank you!

OP posts:
Namechangeforthiscancershit · 27/08/2018 19:34

Tell him just to agree with you next time and save himself the time Wink

BadgerFace · 27/08/2018 20:25

If your wills are over 30 years old then it is definitely worth getting them redrafted. Standard clauses and inclusions change over time and it is good to update.

If you are named in your late DD’s trust fund it is not necessarily the case that you have the ability to direct where the trust funds go after your death, a beneficiary’s Will would usually have no impact on this. Whether you are a life tenant or a discretionary beneficiary, the trust deed would usually set out what happens to the capital after your death. Worth a discussion with the trustees if you’ve not already had one.

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