Adding a codicil to a will

dreamon100

Hi, I want to add a codicil to my will, are there any rules about who the witnesses can be? Indeed are there any rules about witnesses to a will?

Savvy_Sue

Generally it's reckoned that it's 'safer' to get a new will drawn up rather than start adding codicils etc, it keeps things straightforward which is always a good thing with a will!

Savvy_Sue

Oh, and the rules about general signing of a will include that the witnesses must witness your signature (not sign afterwards)!

localhero

The two witnesses to a Will must not be a beneficiary or a spouse of a beneficiary. Both witnesses should be present when they testator signs and the testator should be present when they sign.

I would also avoid an executor or guardian being a witness as well. Most decent willwriting professionals refuse to draw up codicils simply because they can become detached from the Will or conflict with the Will.

My personal belief was reinforced recently by a probate registrar who confirmed that they `are more trouble than they are worth`.

Be_Happy

Remember there are differences between English and Scottish law, especially as far as wills, line of succession, etc are concerned.

One to mention here is that Scottish Wills only require one witness, not two as in England.

flossy_splodge

Savvy_Sue wrote: »

Generally it's reckoned that it's 'safer' to get a new will drawn up rather than start adding codicils etc, it keeps things straightforward which is always a good thing with a will!

But expensive!

sloughflint

flossy_splodge wrote: »

But expensive!

Nowhere near as expensive as costs involved with faulty/poor Wills.

Desperate_Housewife_2-2

When I last went to update my will the solicitors office staff acted as witnesses. They don't read the will but sign to say they have witnessed you sign it. I know it is expensive but I reckon money well spent because it gives me peace of mind knoeing my kids will be provided for ... bit like paying for life cover.

flossy_splodge

sloughflint wrote: »

Nowhere near as expensive as costs involved with faulty/poor Wills.

Fair comment!
It's just that getting my father to do ANYTHING is an exercise in patience - it can take 5 or 6 hours of discussion for him to accept something he didn't know! 'Ornery!
When the solicitor visited last to do the will he said to me afterwards he had literally NEVER known it to take soooo long. Fraid I smiled - welcome to my world.:rotfl:

relaxtwotribes

If you execute a codicil make sure you do not attach it to the original will in any way whatsoever. If the original will bears any marks on it that could indicate codocils having been executed, it raises the question as to how many. And how would your beneficiaries prove that other codicils did not exist?