Altering a will without using solicitors

[BIWI]

DH and I have wills - I think they're called mirror wills, in that everything is left to each other.

The only difference is that I have 4 specific bequests in mine.

The wills were written quite a long time ago, and now I'd like to change them. Three of the bequests are specific amounts of money left to my godchildren. The amounts are paltry and (for various reasons) I don't want to leave them any money.

One of the bequests is to my niece - specifically leaving her my jewellery. I'd actually like my DC (both male) to have 'first dibs' on it now.

So - my question.

If I just write something about the changes I'd like to make, and get that witnessed/signed by someone, would this be legally binding?

If I also got my executors to agree/sign it, would that be OK/acceptable? (One of my neighbours is a solicitor, if that makes any difference?)

I really don't want to incur legal fees for something like this which (it seems to me) is relatively straightforward.

Not a lawyer but why not wait until the next will-writing month comes round and get it legally done then.

I wouldn’t think your lawyer neighbours would want to get roped into signing a document not drawn up properly, or asked to give “free” legal advice, that later comes back to haunt them.

You need a codicil - it’s a way to modify the will, without revoking it all.

However did you have the children when you first wrote the will? If not you may want to replace both wills anyway, specifically for provisions for your children.

Also I’m not sure your neighbour would be willing to sign a home made codicil for a neighbour. I wouldn’t.

Do your wills mention your DC at all? Because you’ll presumably want to add them as beneficiaries after each other if not.
Either way, just pay for proper legal advice. It’s not worth the risk of the extra inconvenience and legal costs if you don’t do it properly.
I’m a solicitor, no way would I witness a home made codicil.

OP, changing a Will (especially if you do it via the "free Wills month" scheme which is October this year) is relatively cheap.

Leaving a Will which is a mess and/or of questionable legality can cause a huge amount of upset at an already difficult time, ruin relationships, and delay the bequests reaching those you want to benefit.

There's no reason not to do this properly. If you get it sorted this October it will just cost you a small charitable donation.
freewillsmonth.org.uk/

Don't skimp on this, or your family will regret it.

Your neighbour has to pay professional insurance for any legal opinion given. They should not be expected to work for free.

Your existing will should have an opening paragraph about it cancelling any other will prior to you signing it.

Copying that paragraph (in a correctly written will) cancels documents signed prior to the signing date.

Then it depends.

If you own the crown jewels its worth your nieces time and money to go to Court and contest.

It also depends on how your wills are mirrored.

You and your husband could make new wills. His remains the same while yours changes.

What you could do is ask your children which items they want. If you dont use them gift them the items now. If the specific items are in use take detailed photos and include them (with a caption goes to child A etc) in a new will. You decide who gets what you before you die. Or you need to stipulate the process for deciding which DC ends up with a piece the both want. Again do you want them in litigation over the £200 ring you always wore.

If you are likely to buy other items you may want to be able to add these items at a later date.

You can do a diy will but it can be expensive and hard on family relations if items of sentimental value cause conflict.

Thank you all.

Yes, the wills were written after we had children, so no concerns there.

I suspected you'd say what you have about my neighbour signing anything. But very useful to have that fully explained.

I didn't know about free wills month, so that's useful too.

(And I certainly don't own the crown jewels )

If you have children doesn't it make sense to leave them something, rather than leaving everything to your husband?

If you die first, there is no protection for your children if your husband subsequently re-marries. Or even if he doesn't re-marry he could leave all his money to a new partner or charity.

I'm sure no one thinks that their husband will disinherit their children but there are countless examples where that does happen. I'd say it's better to be safe than sorry.

Good point @Fifthtimelucky. I think all is OK re provision for the children, but you've made me realise that I need to check that. Thank you.

Waves to @BIWI

I read about https://www.marlowwills.co.uk on a MN thread. Had both our wills done from scratch after we got married. While I don't usually care to spend money on things we can DIY, it was useful to to glad that we have worked though the scenarios of what would happy if.. fully and we're happy with the provisions.

On a side note, when you do wills is a good time to set up LPOA, something that is easily done without professional help https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney