Where are Wills held

[DeerWatch]

My FIL made a new Will last summer. It is split equally between DH and his sister. He has original at his home but is becoming concerned and worried as his son in law is saying that all the money should go to DH's sister as they do more to help him.

Is a copy held by the solicitor

Are you worried that he might be pressured into changing the will in some way so as to wholly or partly disinherit your DH?

It depends. Ours are held at the National Will Registry. Some people keep copies at the solicitors, other people have their own safety deposit box at a bank.

It's up to the individual where they keep it, doesn't have to be a solicitor or anywhere official

Yeah, it depends. I have a copy with my files put alongside life insurance and similar things needed for a death, and also bought a package with the solicitor that involves them having a copy alongside doing basic updates for no additional charges.

Mines in my filing cabinet at home. I also sent a copy to the people I nominated as executors to keep. I hold copies of my parents’ wills as I am a beneficiary. Always a good idea to distribute copies to avoid your loved ones having an additional headache after you die!

FIL is 94 and is saying that his son in law is running DH down and saying that everything should be left to my sister in law as they do more to help. They live in same village, we live 2 hour drive away.

Sister in law has POA

So it is possible to have the original and no copy held anywhere else?

wills can be stored by the probate office for £12

Generally if a solicitor is involved they will keep the original and send a copy to the person who made the Will. However, people can choose to keep a Will at home or store it with the National Will Safe.

FIL is concerned about his son in law getting hold of Will and changing it.

Under my underwear drawer….

The only person who can change FIL’s Will is him.

Next time you are there take a photocopy of the original. If the Will is changed by your FIL you may have a capacity argument.

Do you mean forging a codicil or some such thing?

Please be careful with the LPA too. Once MIL died we discovered every penny had been spent on things that were not for her. CPS refused to prosecute

@Bromptotoo My FIL is worried that his son in law will somehow change the will if he finds it in house. He phoned yesterday and kept saying to DH to remember that he wants his estate to be shared 50/50.

His son in law is very controlling of his wife, who is obviously half the beneficiary of the Will. She is named as POA but it is not activated yet as far as we are aware.

I have a paper copy and a scanned copy. My DC have a scanned copy each. The solicitor has a paper copy and a scanned copy. My copy lives in a box file marked WILL, Life Insurance, POA. (Next to the box marked House that has a copy of the deeds and the mortgage information plus home insurance).

Can your FIL be persuaded to lodge the original will with the solicitor who made it or one of the schemes that allows them to be stored securely. As long as people who will have to deal with his affairs when he dies are clear where it is then all is well.

The danger I think, rather than the will being altered, is that FIL gets worn down or begins to lose capacity and is prevailed upon to make a new will.

You won't be the first family member to find that the will they thought benefitted them has been trumped by a later one. A legal fight over whether the testator had capacity is an expensive job....

OP, who has your father appointed executor?
He can change or add to the POA if he gets legal advice now.
(I have appointed both DC as POA with a third, trusted family member as arbitrator/advisor. I think it is better to have more than one person).