Codicil or full will?

kingfisherblue · 8 October 2016 at 8:04PM

ThePants999 wrote: »

I know there are dangers involved in writing your own will. But surely taking a will that a solicitor wrote and removing a single bequest from it is a pretty safe thing to do, and doesn't involve paying a three figure sum!

Thank you for trying to save my mum some money - this is MSE after all! However, although the main part of the Will is straightforward, my mum is not including a family member for reasons that I don't want to go into here. She has written a very clear Letter of Reason (I think that's what it is called) to accompany the Will. She does not want my sister and I to have any problems after her death, and took legal advice before writing her current Will, especially about omitting this person.

If she just rewrote her Will and removed the bequest that she no longer wants to leave, the person to whom the Letter of Reason is addressed may well try to contest the Will and would use the fact that it was not written at a solicitor's office to try to prove that it is unfair. They have the money to do this, and are probably spiteful enough.

The safest way to put my mum's mind at rest is to use a solicitor. Thank you for the suggestion though.

Yorkshireman99 · 8 October 2016 at 9:37PM

kingfisherblue wrote: »

Thank you for trying to save my mum some money - this is MSE after all! However, although the main part of the Will is straightforward, my mum is not including a family member for reasons that I don't want to go into here. She has written a very clear Letter of Reason (I think that's what it is called) to accompany the Will. She does not want my sister and I to have any problems after her death, and took legal advice before writing her current Will, especially about omitting this person.

If she just rewrote her Will and removed the bequest that she no longer wants to leave, the person to whom the Letter of Reason is addressed may well try to contest the Will and would use the fact that it was not written at a solicitor's office to try to prove that it is unfair. They have the money to do this, and are probably spiteful enough.

The safest way to put my mum's mind at rest is to use a solicitor. Thank you for the suggestion though.

In view of the extra comments about the likelihood that the will could be contested makes it even more important that it is done professionally. Make sure you mum tells the solicitor so they can document what she says.

cte1111 · 8 October 2016 at 9:43PM

I would agree with some of the advice on here to make a new will rather than adding a codicil.

My Granny made a codicil to her will and when she died it did cause a few problems - the witnesses in the end had to go to the Probate Office in person to swear an oath. Fortunately it was my Dad's neighbours who had been witnesses, and they still lived next door and were helpful people who were happy to do this. We were all very glad that Granny hadn't got her old friends to witness, as we would have not known how to contact them, this could have caused the whole will to fail, I understand although am not an expert. So the moral of the tale is - write a new will and get it properly witnessed rather than making a codicil.

kingfisherblue · 11 October 2016 at 11:24PM

Apologies for the late reply. I've spoken to my mum and she agrees that she will feel happier with a new Will.

Yorkshireman99 wrote: »

In view of the extra comments about the likelihood that the will could be contested makes it even more important that it is done professionally. Make sure you mum tells the solicitor so they can document what she says.

Mum is using the same solicitor as last time. We both agree that it must be done professionally to help prevent X contesting the Will. I just want my mum to be happy with her Will and to enjoy life without worrying.

Thank you once again for your help.

Codicil or full will?

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