Altering a will

[bendix 10]

There is a lot of advice here which is very good except it is not for the question answered. 

2 hours ago, Mossway said:

Your advice is flawed.

You can’t cross details out and change them to your heart’s content. No District Judge in a Probate Registry is going to Grant Probate without Statements of Truth (or whatever Affidavits are now called) from the witnesses. If you want to change the gifts then either produce a Codicil or rewrite the Will and get it signed and witnessed accordingly.

 

No it isn’t. 

 

I suggest you do a simple google asking if you need a lawyer to make a will and report back. 

 

They are are very helpful and desirable for complex wills. But they are NOT legally required.  They are certainly not needed for changing an address. 

 

I asked lawyers in our estate planning team today. They confirm my view. 

[Mossway 15]

I’ve not, as far as I’m aware, ever stated that you need a lawyer to make a Will.

What I’ve said is that your ‘advice’ is flawed insofar that you state that you can cross out and change details to your heart’s content. You can’t, you have to sign (or attest) your signature and have two witnesses  to a Will, if it’s subsequently changed without further evidence of signature/date/witnesses etc the chance of your Executor(s) being granted Probate are minimal.

Go ahead if you must, but if the Will is invalid it all goes into the ‘Intestacy’ pot and that distribution may well be contrary to your wishes. 

[hauxwell 243]

You can get a do it yourself will pack and if filled in correctly it is a legally valid document.

I got the information from the Sheffield Probate Registry Office in the Law Courts. You could always give them a call to see if the information is correct.

 

 

 

[bendix 10]

12 hours ago, Mossway said:

I’ve not, as far as I’m aware, ever stated that you need a lawyer to make a Will.

What I’ve said is that your ‘advice’ is flawed insofar that you state that you can cross out and change details to your heart’s content. You can’t, you have to sign (or attest) your signature and have two witnesses  to a Will, if it’s subsequently changed without further evidence of signature/date/witnesses etc the chance of your Executor(s) being granted Probate are minimal.

Go ahead if you must, but if the Will is invalid it all goes into the ‘Intestacy’ pot and that distribution may well be contrary to your wishes. 

Huh?

 

ive already said that changes are best advised to be initialed and witnessed.  

 

We seem to be in furious agreement. 

Edited April 11, 2019 by bendix

[Jomie 30]

Golden Oldie - According to their website Free Wills Month was in March 2019. It is only for simple Wills. If you have sold your home and are buying another then it is advisable to see a solicitor.  The tendency is for couples to leave everything to each other but that is not always the best thing to do nowadays. Also, power of attorney could save you a lot more than £150+VAT if one of you becomes incapacitated.

Edited April 11, 2019 by Jomie

[Obelix 11]

On 10/04/2019 at 15:06, bendix said:

Yes.  Totally optional.

 

Such things are helpful and indeed recommended for reducing the potential conflicts on substantive changes to beneficiary arrangements yes.  I've never said anything contrary to that.  They are not needed for what the OP has asked for - a simple change of address.

You are so so wrong and your advice is dangerous. What law firm do you work for so I can advise everyone to avoid them, as well as reporting them to the SRA

[Cyclone 10]

On 10/04/2019 at 15:06, bendix said:

Yes.  Totally optional.

 

Such things are helpful and indeed recommended for reducing the potential conflicts on substantive changes to beneficiary arrangements yes.  I've never said anything contrary to that.  They are not needed for what the OP has asked for - a simple change of address.

Some googling on that subject, re: being witnessed

 

https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/sign-on-the-dotted-line-does-a-will-need-a-witness-signature-to-be-valid

 

Still, for a change of address a charge of £150 is excessive.  The OP could easily do it themselves, copy the original will (or manually alter it), change the address, sign it with witnesses and bosh, the will is a valid one.

They could also write it entirely themselves, on tissue paper if they wish, sign it with witnesses and again, bosh, it's valid.  Although in the latter case the wording and format could become a problem in the future.

It appears that changes can be made on the original will, but each will require the same signature and 2 witnesses, and it's better practice to a codicil instead.

[ANGELFIRE1 10]

Best advice, spend the whole kit and caboodle before you shuffle off your mortal coil. Job done.

 

Angel1.