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Changes to Will

orchid2010
Posts: 82 Forumite


A relative is in hospital and is going to have an operation within the next couple of days which has a higher than normal risk of death.
He wants to make a couple of changes to his will before the operation, I have contacted the probate service which wrote his will and have the original, but it seems that are unable to see him at the hospital before the operation. Is there any other option?
He wants to change the age at which grandchildren will receive any inheritance and also change the charity which had been nominated to receive any donations instead of flowers at his funeral.
Any help would be appreciated as this is worrying him.
He wants to make a couple of changes to his will before the operation, I have contacted the probate service which wrote his will and have the original, but it seems that are unable to see him at the hospital before the operation. Is there any other option?
He wants to change the age at which grandchildren will receive any inheritance and also change the charity which had been nominated to receive any donations instead of flowers at his funeral.
Any help would be appreciated as this is worrying him.
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Comments
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Solicitor and draw up a new will with the changes.
Witnesses will be needed0 -
It may not need a new will, a short codicil should be enough, but needs to be drawn up properly.0
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Thank you very much for your replies.
He has survived the first operation but the most risky one is still to come. The probate service phoned him at the hospital and took instructions about the changes, they have contacted me to say a new will has been drawn (though I had mentioned about a codicil) ready for him to sign. They want to make arrangements to go and see him.
My new question is my Aunt and myself are named as trustees on both the old and new will, the second paragraph of both wills says that 'I XXXXX declare I wish XXXXXX probate service to administer the estate after my death unless the trustees have reason to the countrary'.
Would this obligate us to engage their services (as we think they are after the fees), or, as it is a fairly simple estate for probate purposes and we have had experience doing this before, would we be able do this ourselves? Would we have to have any particular legal grounds not to use them?
They would also hold the original copy of the will, do they have to give this to us if we did not use their service, or should we expect any problems?0 -
Can we just be clear here... The probate service you are referring to is not actually the HMCTS Probate Service - website www.justice.gov.uk but a company which provides will writing/ probate services.
I believe the clause you refer to would give the company the job of administering the estate (including getting probate). Personally I would suggest that you point out to your relative that this role is usually quite simple and that the executor/s can engage legal advice on any tricky bits if and when needed.Eat food. Not too much. Mostly plants - Michael Pollan
48 down, 22 to go
Low carb, low oxalate Primal + dairy
From size 24 to 16 and now stuck...0 -
orchid2010 wrote: »Thank you very much for your replies.
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My new question is my Aunt and myself are named as trustees on both the old and new will, the second paragraph of both wills says that 'I XXXXX declare I wish XXXXXX probate service to administer the estate after my death unless the trustees have reason to the countrary'.
Would this obligate us to engage their services (as we think they are after the fees), or, as it is a fairly simple estate for probate purposes and we have had experience doing this before, would we be able do this ourselves? Would we have to have any particular legal grounds not to use them?
No at the end of the day you have a reason to the contrary in so much as you can do it yourselves and you wish to save the estate the costs of this administration. I do wonder though if you pursued this line whether the company would then start legal actions?
Rob0 -
My new question is my Aunt and myself are named as trustees on both the old and new will, the second paragraph of both wills says that 'I XXXXX declare I wish XXXXXX probate service to administer the estate after my death unless the trustees have reason to the countrary'.
They will charge you an arm and leg to administer the Will unless there is a set fee in place for them to do so. Pin them down to a one-off fee, or you could appoint someone maybe another solicitor to administer.
AMDDebt Free!!!0
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