Will my first will be legal if I tear up my current will

[Devolut]

Many years ago when exp and I moved in together we went to a solicitor and made wills, as far as I can remember the solicitor kept this will, I don't have a copy of it.

After DD was born, I arranged for someone who was on a stall at work to come to the house to write new wills, I have my copy of this will.

Exp and I were never married, DD is a young adult and my next of kin.

I need to sort out a new will but worried if I die in the meantime everything will go to Ex.

I was thinking I could tear up my current will however does this mean my first will will come back into play.

I have no idea what happened to this will, I can't remember the name of the solicitor and when I've googled solicitors in the town, it's none that come up.

Ex will definitely track this will down, he won't care it means taking money from his daughter.

Please can anyone help/advise about this first will.
Also I have a decent work pension that DD is named beneficiary of if I die before I retire, I completed a form to do this, but it wasn't clear if I can do this for a child and it is affected by my will which leaves everything to exp.

If you are asking for legal advice we will need to know which legal jurisdiction you live in (for heaven's sake don't say UK).

But by far the easiest solution would be to call a solicitor right now, or if not possible then first thing in the morning. Can you do that? Wills usually cost around £120 unless yours is complicated.

Surely you speak to the company who made your latest will about cancelling it?

TBH it really sounds like you need an updated and current will as your circumstances have changed. Please seek help from a solicitor who draws up wills asap. Tearing up a copy of a will if the original is logged will make no difference.
My PiL had an urgent will drawn up, had to as no one could find their older will after they failed to notice first firm had closed, whilst they sorted out a more complex will.

I'm in England

Everything will go to DD so nothing complicated.

For peace of mind, just have a new will made and officially lodge it with the will registry (or whatever it;s called). Then there'll be no chance at all that any previous wills would be validated and used. Even if the second will is torn up, there will still be people who remembered witnessing it and they may come out of the wood work to challenge the first will as they'll be able to attest that a second will was made, which automatically cancels any earlier wills, thus creating a situation where neither will is valid (if second can't be found) and triggering the intestacy laws. In legal terms, your first will WAS cancelled and made null and void the moment a second valid will was created - you can't bring it back into validity just by cancelling the second one by tearing it up!

Oh, I'm pleased you told me that, that's very useful.

If your second will has never been lodged with the probate service then it doesn’t exist ‘legally’ so tear it up and lodge your old will, making sure the executors and witnesses are still valid first. The problem only arises if someone else has a copy of number two.

I definitely don't want the first will used, I was hoping tearing up both wills would be enough but I realise now I need to sort a new will ASAP.

I actually have no idea if it was lodged or not.
Both wills are pretty much the same, everything to exp, but the second one was everything to DD if we died together.

I'm so pleased I posted as it's made me realise I need to sort this properly and urgently, I'll get onto it tomorrow.
Thanks everyone

For your general reference, tearing up a legal document doesn’t mean it doesn’t exist. It’s just been torn up. Particularly if it has been lodged properly and someone else has a copy.

Your second will revokes the first. Destroying the second doesn't mean your first will comes back to life, as it were.

Generally, destroying your will would revoke it but it can also lead to some complex questions, legally speaking. Ideally you'd want to show that you destroyed the will with intent and capacity (for obvious reasons) so perhaps rip it, put it together with your other legally important bits along with a written statement confirming your intention which is also witness and dated (much like the will itself would have been).

If you die without a will, it's called dying intestate and your estate will be distributed via the intestacy rules (which might be exactly what you want).

Call a solicitor, get a new will, cheap as fuck.

Get a solicitor to do the new will and state that it replaces any other wills - they will have the correct wording.

Thanks again everyone, I've booked an appointment with a solicitor for tomorrow.

The best solution is to write a temporary basic will tonight, type up your wishes, sign and date it then get two people to witness it. You can download a template online for ease.

It's not as good as a professionally written document if you have complex instructions but it's a stopgap until you're in a position to speak to a will writer

OP - our family have always have the solicitor as a joint executor with spouse or child as second executor. It costs a bit for them to help execute the deceased wishes but puts a professional in charge if you are worried ex DP or others have potential to be difficult. It also means a copy of the will would be stored in the solicitors offices.

@TheCheeseTax
If you die without a will, it's called dying intestate and your estate will be distributed via the intestacy rules (which might be exactly what you want).

That's exactly what I wanted but I realise now, it's not straightforward with two wills floating around.
Getting it sorted properly now.

The new will you get done tomorrow will say it replaces all previous wills so you'll be fine once you get that done.

Each new will revokes the previous one. So the first one became invalid upon making the second one and the second one will become invalid when you make your third.

I just did an online search and to my surprise (I'm a solicitor but not a probate one) you CAN revoke a will by physically destroying it or by adding a revocation provision to it.

But by far the most secure option is to make a new will and keep it (and copies) where your executors/beneficiaries will know where to find it. I don't think you can lodge it with the probate service as a pp suggested as I think that only happens after death, though happy to be proved wrong.

The risk is that if a new will isn't made or can't be found, then former beneficiaries who have a copy/access to an earlier will can try to (illegally) claim the earlier one is valid.

So make a new will ASAP. For good measure write "revoked - replaced with new will executed on DATE" on the old one and any copies you have access to. If you can remember the solicitor details for the first will write to them and state that the will has been revoked and should be destroyed or returned to you. As you don't trust your ex it could be worth it for your peace of mind.

Many years ago you wrote a will leaving stuff to ex

Then you had dd and you wrote a new will presumably leaving everything to dd.

Why would you rip this will up? I'm confused

The second will also leaves everything to Ex, DD would only inherit if Ex and I die together.
If I die tonight, Ex will inherit my house, sell it and spend it all.

Ohhh I see.