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Family (and will codicil)

Right. Sorry - this is a bit of a long-winded one. You need a little bit of history first so here goes

Mum - 5 children (including me of course) married stepdad - 6 surviving children - about 27 years ago.

4 or 5 years ago stepdad had to have a lung removed for cancer and was in a hospital about 30 miles away from us. However, we rallied round and he had visitors every day (including 'my side' of the family). He was seriously ill and nearly died from complications etc but pulled through.

This year mum was admitted to local hospital. She was in hospital for 5 weeks (unfortunately died there) and not one of 'the other side' of the family visited her. Now, this wasn't a big problem as far as mum was concerned.

After she died we sent for her will from the solicitor (no surprises in it). She left everything to stepdad and if he had not survived her everything divided equally between the 11 children. No problems.

However, since the wills were written (about 3 years ago) mum/stepdad had had major falling out with one of my stepbrothers. Now stepdad wanted to change his will, leaving him out of it. He has not got round to doing this yet.

He is now very ill in hospital himself and to be honest it's not looking good. If he doesn't change his will and this son gets a share my stepdad would be gutted. He's not well enough to go to solicitor to change it.

Does anyone know if a 'home drawn-up' codicil would be legal as long as it was witnessed and signed? He is of sound mind but perhaps we would need to explain fully in the codicil why he was being left out.

Part two of the problem (sorry!) is that NOT ONE of his sons has been to see him since he was admitted on Christmas Eve. Now, bearing in mind they didn't come to see mum either it has really p!ssed him off. His one daughter has been to visit.

He is toying with the idea of leaving just enough to cover his funeral expenses etc and leaving the rest of his money to charity (doesn't amount to a huge sum, probably about £10,000). 'My side' of the family are happy at this - we have all had something to remember mum by and that's all we were bothered about. His daughter is not. His sons know nothing. However, this would be more complicated in just a codicil but he isn't well enough to leave hospital to sort out his will fully.

Any ideas would be greatly appreciated (and sorry for the essay!)
Mink

Comments

  • Bossyboots
    Bossyboots Posts: 6,753 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Provided he is still mentally capable, you should be able to find a solicitor to attend the hospital to deal with making a fresh will. Solicitors dealing with this sort of work are used to this happening and should treat it with the urgency it requires.  It is possible for it to be done on the same day.  You need to ring around local solicitors to find someone to help out.  This is the best way to avoid anything being challenged when the time comes.  Obviously it will cost a bit more than normal but it is worth it for the peace of mind.  If you have the original will (a copy will do) the solicitor can copy it, just changing the bequests part of it.  It may be possible, for the solicitor to make the changes without seeing your stepdad and then attending the hospital with the freshly drawn will for your stepdad to sign.  The solicitor will usually arrange for witnesses as well. This will obviously save a lot of time. Making a fresh will also helps to avoid any ambiguity that might arise from a codicil. Codicils are best used for things like adding a specific bequest, rather than removing bequests.

    There is the alternative of you re-drawing the will, based on the original but changing the bequests.  You would then need to arrange for two independent witnesses to attend the hospital to witness the signature.  They would both need to attend together and see your stepdad and each other sign.  You would need to check with the nurses that your stepdad is capable of understanding what is going on.  

    Personally, I think you should try to find a solicitor to go to the hospital as I have put in the first paragraph.  The problem with the second alternative is you are leaving yourself (or whoever sorts it out) open to accusations of coercion or undue influence and thereby a possible challenge to the will. A solicitor is independent of the family and will be able to make the checks necessary of the hospital to ensure your stepdad is fit to execute the will.
  • mink35
    mink35 Posts: 6,068 Forumite
    1,000 Posts Combo Breaker
    The problem with the second alternative is you are leaving yourself (or whoever sorts it out) open to accusations of coercion or undue influence

    This is precisely what I am worried about. I was thinking maybe with none of 'my side' benefitting directly either it may be quite simple. :-/

    My stepdad is certainly mentally capable but I don't think he's really made his decision as to what he wants to do - ie leave just one son out or everyone. Trouble is I don't think he realises he's as ill as he is!
    Mink
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