What happens with a joint will?

Okydoky25

If you have a joint will what happens after one of the party die? Does the will get left as it is? Does the will need to be registered or will that get done after the survivor dies?

g6jns_2

Okydoky25 wrote: »

If you have a joint will what happens after one of the party die? Does the will get left as it is? Does the will need to be registered or will that get done after the survivor dies?

This tells you the HMR&C position on it.

http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm12063.htm

Trust are a very complex area of law and not for the faint hearted.

Okydoky25

Thank you for that. Interesting read but I don't think it answer the question I have.

Example if my parents have a joint will what happens to that will on the 1st death? Does everything automatically go to the surviving spouse (hoping that is their wishes). What happens if there is no new will made out by the survivor? Does the old joint will stand after their death?

Can you get a copy of the original will when there is still one survivor or will it not be registered until both have passed?

Mojisola

Okydoky25 wrote: »

Example if my parents have a joint will what happens to that will on the 1st death? Does everything automatically go to the surviving spouse (hoping that is their wishes). What happens if there is no new will made out by the survivor? Does the old joint will stand after their death?

If it's a real mutual will, the survivor cannot change the terms of their will -
"When the Wills are still unrevoked at the death of the first to die, a constructive trust will arise at that time. This is on the basis that it would be fraudulent for the survivor to revoke because the person who has died executed their Will in accordance with the mutual agreement and can no longer revoke that Will, as they are dead."

bryanb

Many people have "Mirror" wills.

Mojisola

bryanb wrote: »

Many people have "Mirror" wills.

Mirror wills aren't the same mutual wills.

My OH and I have mirror wills but, to make sure there is no confusion, they contain a clause saying that they are not mutual wills and the survivor is free to change the terms of their will if they want.

Okydoky25

So would you not be able to see the original will untill after both their deaths?

Crabapple

Even if there are mutual Wills where the survivor cannot change the terms, there are still two Wills, you can't make one document for two people.

However, it's far more common, where people make what they refer to as 'joint Wills' for them to be mirror Wills as mentioned above.

g6jns_2

Okydoky25 wrote: »

So would you not be able to see the original will untill after both their deaths?

Assuming it was admitted to probate then the first will would be a public document. This would obviously show who the other party was.

Pearlstar

Would it need to go to probate if everything was left, initially, to the spouse?

G6JNS

Of course.