Changing my will, and who keeps the original?

[BIWI]

Changes to my will

DH and I wrote our wills many years ago. They're identical (I believe that means they're called mirror wills?), although the exception is some specific bequests in my will - small monetary gifts to my 3 godchildren, and instructions about one of my godchildren inheriting my jewellery.

I now need to change my will. First, because my brother has just died, and he was named as one of our executors.

Second, because I no longer (for various reasons) wish to leave money to my godchildren.

And third, because I'd like my DC (sons) to have first choice of my jewellery before it goes to my godchild.

Given that these are fairly small changes, I had in mind that I'd simply type out a new version of my will, dated obviously, and witnessed by both my DH (so it's clear he agrees with the changes) and also by someone who isn't a family member.

Who holds the original?

My SIL has had a terrible time organising probate for my brother, as she can't find the firm of solicitors who hold the original will, and copies won't be accepted, apparently. The firm they originally used no longer exists, and she can't find out which firm took it on, despite contacting many other firms. (She's had to apply for probate with a 'lost will' form)

Which brings me to my question - if I write my own, new will, this will obviously be the original. Do I have to lodge this with a solicitor or can I simply file it here - it will be obvious it's an original, as any signatures will be in ink? I could also add in something along the lines of 'certified the original'.

I'm loathed to have to spend any money on doing this, given that things seem - to me at least! - to be pretty straightforward, But obviously I don't want to create any legal issues for those who would have to deal with my affairs after my death.

Any help very gratefully received.

Assume you're in England or Wales.

I don't think it matters where you put it so much as (a) it's safe and (b) can be easily when it's needed - ie upon your death. Make sure your DCs, and anyone else who might be involved, knows where it is and has access to details of your estate.

If you can keep it at home, certain it's safe including fire, flood and marauding grandkids, then that's fine.

You can lodge it with a Solicitor if you prefer but make sure you keep up to date with changes of address - either way - and mergers, interventions etc that might affect the firm. Other outfits might also offer a service to store it for you.

On the question of 'where is that firm/its partners now' I assume they've tried the Law Society or the Solicitors Regulatory Authority?

Surprised that if firm A was in Buggsville and merged or was intervened that there's not local corporate memory somewhere but I guess time, location etc...

Thanks @Bromptotoo yes, I'm in England.

No idea if SIL has tried either of those options, but I'll pass the suggestion on to her (although I'm surprised any of the other firms haven't already suggested that).

Get the point about it being safe - although no marauding grandkids, sadly! I had thought about giving a copy - clearly watermarked 'copy - to my executors (whoever they turn out to be).

Your dh cannot witness your will if he is a benificiary which I assume he woule be if you died first, you need two completely independent people.

Oops, I failed to make that piont too.

Following on from @Comefromaway and point about executors.

Paying a solicitor to deal with making your will costs money. However, as well as avoiding pitfalls they should also go through the process in a structured way so that any gaps are picked up.

You could write a codicil which wold probably be cheaper. The type of small changes on thier own you are talking about would make that appropriate. However if there are too many changes that could get confusing and a completely new will needed.

I know I need two independent witnesses and not DH. I suppose I was thinking that I'd get DH to sign to show that it's the original and that he agrees with the changes I've made (although that's probably not necessary with the other witnesses - and he doesn't have to agree with my will anyway!)

@Bromptotoo as well as avoiding pitfalls they should also go through the process in a structured way so that any gaps are picked up

I was thinking of literally copying out the original will, and just amending the specific sentence/paragraph about the bequests, that's all. I also thought I'd amend my first will 'manually', so show my thinking, as a 'before' and 'after', which is why I wondering if I actually needed a solicitor to draft/review a new will.

@Comefromaway You could write a codicil which wold probably be cheaper. The type of small changes on thier own you are talking about would make that appropriate

This is what I was wondering though - given that the changes are small, do I actually have to pay anyone for doing this?

Thank you both for your help - I do appreciate that this is a specialist and professional issue.

The problem with writing a codicil yourself if knowing the exact specific wording to use to ensure there is no dispute.

You have made a will once. You want to change it. Who knows, you might want to amend again in the future.
Wouldn't it be simpler to have all the amendments done by the original will-writer, who keeps a copy. Would they charge much to update an existing file? Worth asking them?

It only costs about £100 to make a will. To avoid any issues after death I'd simply make a new will with a solicitor who will provide witnesses for you and you need to think about who your executor should be you can have more than 1. Once it's been done you can put it in a firesafe at home. That's where both DH and my wills are kept although we both do need to get it updated to reflect we have given DS2 £55k for deposit on house so other children get compensated.

The point is, though, it's about deleting bequests - I could do this simply by leaving out the relevant paragraph/points; I don't have to write anything new.

@caringcarer

It only costs about £100 to make a will

I don't want to have to pay anything! Which was my motivation for writing this post, as what I have in mind seems - to me - to be fairly straightforward.

However, I do appreciate the advice, and will pursue this with the original firm and see what they say.

Maybe they do things differently in the US

A handwritten document would be valid as long as it signed and the signature witnessed by two independent witnesses.

The problems would occur if anything was unclear or open to interpretation. A solicitor will use specific wording to help ensure that does not happen.

I don't want to have to pay anything!
You could always wait for Free Wills Month.

That's a great point @senua - thank you!

Your new will should include a line which revokes all previous wills so as long as the new will is valid and is dated after the old will it doesn’t matter where the old one is as long as the newer one is safe and can be easily found on your death.

Thank you @Kingsparkle - good to know

I am a Private Client solicitor and would just comment, OP, that your posts have the makings of a seminar case study on How Not To Do It!
Definitely do not
(1)Invite your husband or anyone other than a witness to write on your will, either existing or new
(2) write anything yourself that isn't part of the will eg to state it's the original (that's obvious as it's got a wet signature)
(3) write on your original will to "show your working"

Do consider
(a) the cost of a professionally prepared codicil in the context of the monetary value of your estate and the emotional value of not leaving an absolute sh*tshow behind for your loved ones
(b) that if you currently store your own will and make a new one you should destroy the earlier will - after the new will is executed (properly signed in front of independent witnesses)
(c) if solicitors store the original will it's sensible to email informing them you have made a new will revoking the version they're storing and to ask them to destroy or release to you for destruction
(d) you need to make and maintain robust and consistent arrangements to store your own will ie put it somewhere and keep it there unless/until you tell ex'ors you have put it somewhere else!

Hmm. Just a tad patronising @JennyMule

I needed advice, hence posting to ask my questions. And I've had very helpful advice so I know what I should/shouldn't do.

Clearly I'm not a solicitor, hence posting before I do/act on anything.

You can store your will at your local probate registry (so with the government) for £20. We are about to do this, you can keep a photocopy at home so people know it exists but the original is safe.

Out of interest, why do we store wills elsewhere? Is it purely for safety? Or is there a more legal reason?

It's purely because if the will is damaged in any way by storing it at home such as in a flood, fire or anything else, it could be declared to be invalid.

Thanks!

If you want your intentions to work legally, make the will with a solicitor.

Buy why @Daphnis156? I could, actually, go to WHS and buy a pack to write a (completely new) will, and it wouldn't have to be done with a solicitor:

This Premium Lawpack Last Will & Testament kit provides all you need to make your own legally valid Will without a solicitor. This kit includes a step by step Guidance Manual, choice of 3 ready to complete Will forms for use in England, Wales, Northern Ireland or Scotland. As well as a comprehensive guide for your executors, this explains their duties and the procedures that they must follow. There are also extra forms and letters to download and includes a guide for executors. This kit is approved by a lawyer. For use in England, Wales, Northern Ireland and Scotland.

(From the WHS website)