Addresses in wills

Alter_ego

We have previously had wills drafted by a solicitor, at the time addresses of beneficiaries were not included in the wills. As that was 25 years ago we have decided to update our wills using a will writer service. The will writer has said that addresses are required in the will.
I cannot see the point of this as some of the addresses are temporary. We have no intention of dying in the next 25 years so even the "permanent" ones will have changed by that time.
The beneficiaries all know each other and are a mixture of family and friends. The wills will be lodged with the executor, also a beneficiary.(Her address written in)
So now the questions.
Has guidance on the subject changed?
Is there anything we should know/watch for regarding Will writers (We have ensured he is a member of a society, for what it's worth)
Anyone had positive/negative experience with W/Ws?

SmlSave

I write Wills as part of being a Legal Secretary. As far as I am aware you need an address next to the name.

As you say, people move and so often a client will come in with a letter saying that so-n-so's address has changed and we pop it with the original Will so that everythings up to date.

Like you say though, most people you'd mention in a Will will be in contact with you. I think the main reason for an address is that say you had a John Smith .... what's to stop another John Smith saying 'hey that's me'. I'm currently workign on a Probate matter where all the men have the same first and last name!

I've seen a few W/Ws wills and they have all been perfectly legal if a bit oddly worded to what I'm used to. I think they are fine as long as you want a fairly simple Will, anything complicated and I'd get some advice from a solicitor.

Alter_ego

SmlSave wrote: »

I write Wills as part of being a Legal Secretary. As far as I am aware you need an address next to the name.

As you say, people move and so often a client will come in with a letter saying that so-n-so's address has changed and we pop it with the original Will so that everythings up to date.

Like you say though, most people you'd mention in a Will will be in contact with you. I think the main reason for an address is that say you had a John Smith .... what's to stop another John Smith saying 'hey that's me'. I'm currently workign on a Probate matter where all the men have the same first and last name!

I've seen a few W/Ws wills and they have all been perfectly legal if a bit oddly worded to what I'm used to. I think they are fine as long as you want a fairly simple Will, anything complicated and I'd get some advice from a solicitor.

Thanks for your reply, and yes I do see the point regarding same names.
Having just checked my old will, I notice it said "My daughter........" and "My godson......." so that explains the lack of address in those cases.
Yes we are having simple mirror wills, they are only temporary to tide us over in anticipation of inheritances which will change the position, and change our wishes. We will then get new wills drawn up by our solicitor as it will no longer be a simple split.

euronorris

SmlSave - My Mum was telling me this morning that she and my Dad are going to have their wills looked at, as they still state their last address. Do they have to write a new will, or can they just add something on to confirm they moved and what the new address is.

Sorry to Hijack Alterego.

Mojisola

Alter_ego wrote: »

The wills will be lodged with the executor, also a beneficiary.

Two points come to mind.

One executor is risky - what happens if she dies before you. You may have time to rewrite your wills before something happens to you but it's better to cover yourself by having more than one executor.

Lodging the wills at her home leaves them vulnerable to fire, flood, etc. If she does die before you, you will have to rely on her executor to get your wills back. Why not lodge them here - https://www.hmcourts-service.gov.uk/cms/1218.htm

Errata

The will writer has said that addresses are required in the will.

There is no legal requirement, although it's a sensible idea to include an address. People can write their wills any way they want; willwriters and solicitors can offer advice and guidance which will makers can ignore if they wish.
Sensible steps are:
consult a solictor in a large practice who specialises in drawing up wills
listen to their advice and guidance and decide what actions to take
write will
name two or three executors
store will in HMCourts Service secure storage facility for a one off fee of £15
tell executors where will is stored
review will each year and make any appropriate changes
enjoy peace of mind

Mojisola

Errata wrote: »

tell executors where will is stored

This is so important. One of my friends died in car accident, years before she expected to go. She had told several people about her will and mentioned things that were in it but it was never found.

Alter_ego

Is it necessary to tell executors where a will is stored if you use the courts service?
I would hope they would contact the executors when death was registered.

Alter_ego

Errata wrote: »

store will in HMCourts Service secure storage facility for a one off fee of £15
tell executors where will is stored
review will each year and make any appropriate changes
enjoy peace of mind

The one off fee £15 is fine except if you decide to make those appropriate changes, or add a codicil. It would then be £15 a pop. Of course 2 of us = £30 a time.

Alter_ego

Mojisola wrote: »

Two points come to mind.

One executor is risky - what happens if she dies before you. You may have time to rewrite your wills before something happens to you but it's better to cover yourself by having more than one executor.

Lodging the wills at her home leaves them vulnerable to fire, flood, etc. If she does die before you, you will have to rely on her executor to get your wills back. Why not lodge them here - www.hmcourts-service.gov.uk/cms/1218.htm

Thanks,
Point 1 She is only the backstop in case we die together.
Point 2 We will rethink storage of the wills.

Errata

Alter_ego wrote: »

Is it necessary to tell executors where a will is stored if you use the courts service?
I would hope they would contact the executors when death was registered.

It's a Court service, not a nanny service.