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Changing my will, and who keeps the original?

34 replies

BIWI · 12/07/2023 13:27

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.

OP posts:
Katrinawaves · 14/07/2023 22:25

you may not like how she phrased it but Jenny’s advice is 💯% correct and totally free of charge to boot.

please do take heed of everything she has said otherwise the £100 you have saved will be the worst economy you have ever made!

LotsOfThingsToThinkAbout · 14/07/2023 23:09

I thought @JennyMule s post was really helpful and I didn't think it patronizing at all 🫤.

knockyknees · 15/07/2023 00:50

LotsOfThingsToThinkAbout · 14/07/2023 23:09

I thought @JennyMule s post was really helpful and I didn't think it patronizing at all 🫤.

I agree!

BIWI · 15/07/2023 13:25

@LotsOfThingsToThinkAbout and @knockyknees - yes, she gave some good advice, after her first paragraph, which I found patronising. Patronising because I had started this thread acknowledging that I needed advice.

You may not have thought it patronising, but I found it so.

OP posts:
Qilin · 15/07/2023 13:37

I don't think it's patronising if you consider that many private client solicitors will make far more money from sorting out badly written or unclear wills than they do from writing a will for a client in first place.

eurochick · 15/07/2023 13:47

I also thought @JennyMule 's post was really helpful. As I was reading your posts I was having flashbacks to law school.

Fwiw my husband and I are both senior lawyers in private practice. We would use a solicitor to do our wills.

JennyMule · 15/07/2023 14:40

OP I meant my opening comment to be light-hearted, clearly it did not land well with you, for which I apologise. PP are correct, DIY solutions garner the legal profession many, many thousands in fees when the testator dies, but more importantly we see how well intentioned but unwise attempts to save a few hundred pounds at the point of later life planning can cause enormous unnecessary stress and distress to those left behind. Fwiw I have used a solicitor for my own will, and to buy/sell our family homes (and not at mates rates!)

BIWI · 15/07/2023 17:24

Thank you @JennyMule - and I do appreciate the advice you gave me.

OP posts:
sadtoday1 · 16/07/2023 22:05

@BIWI my mum wouldn’t pay to get her will rewritten despite us advising her to do so. She said she only needed to do a codicil. She had checked it all out online and that’s what she did. Of course when she died, her handwritten note was on the photocopy of the will and wasn’t witnessed. It was only adding extra executors, so nothing contentious. However, if the original executor had wanted to ignore mums little note, it may have caused a rift in the family. Thankfully that didn’t happen, as we were all in agreement. It cost £500 to put things right legally before we could apply for probate. The money came out of mums estate anyway, so she ended up paying much more than a new will would have cost. She was a determined lady and the family knew it would be an issue. But she wouldn’t listen.

i respectfully suggest that you get it done properly at a lawyers and save your family from any problems in the future. You will have peace of mind knowing your affairs are in order, which is priceless imho.

@JennyMule i thought your post was absolutely fine and not patronising at all.

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