Update vs change a will.
Options
elsien
Posts: 32,907 Forumite
Relative has a existing will he wants to change. Relative has dementia diagnosis so probably at the moment has fluctuating capacity.
Relative's sibling phoned the solicitor on his behalf to ask where he stood with regards to the dementia and making changes. Solicitor (without having met the person for some time) said he might be able to update the will but not change it/make a new one.
So generally speaking, what would count as an update as opposed to a change? How big a change would merit a new will?
Relative's sibling phoned the solicitor on his behalf to ask where he stood with regards to the dementia and making changes. Solicitor (without having met the person for some time) said he might be able to update the will but not change it/make a new one.
So generally speaking, what would count as an update as opposed to a change? How big a change would merit a new will?
All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.
0
Comments
-
Relative has a existing will he wants to change. Relative has dementia diagnosis so probably at the moment has fluctuating capacity.
Relative's sibling phoned the solicitor on his behalf to ask where he stood with regards to the dementia and making changes. Solicitor (without having met the person for some time) said he might be able to update the will but not change it/make a new one.
So generally speaking, what would count as an update as opposed to a change? How big a change would merit a new will?0 -
That's what I thought, but wondered if I was missing something.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
What is the change that they wish to make?
While it is correct that a person either has capacity or hasn't, making minor changes (such as, for instance, adding a new grandchild, or replacing an executor due to age) are far less likely to give rise to any later concerns about capacity
I would expect a solicitor to recommend that there is n up to date medical assessment if there is a new will or codicil, so that the issue of capacity is assessed at the time the will is madeAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
They wish to remove some of their children as beneficiaries, I believe, so not a small change.
Would the solicitor not assess capacity?All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
MiL wanted to change hers & FiL mirror Wills, currently leaving everything to each other then further down the line when they've both gone, 50% split between their 2 sons and remaining 50% split between grandchildren.
Wanted to change it to cut out grandchildren (not out of spite, they all doing pretty nicely on their own). Solicitor advised absolute NO as FiL has dementia diagnosis.
Of course, if she outlives him she can always change hers then.Seen it all, done it all, can't remember most of it.0 -
They wish to remove some of their children as beneficiaries, I believe, so not a small change.
Would the solicitor not assess capacity?0 -
Would the solicitor not assess capacity?
As far as fluctuating capacity goes, then it's worth giving some thought to when capacity is at its best. For example, is it in the morning, or the afternoon? Would a home visit be helpful, both from any medical professional assessing capacity and the solicitor?
Another question might be about whether the reasons for wanting to cut children out are 'sound' or not. I know not necessarily your business, but at one stage FIL felt very aggrieved about something DH had done - we had no idea what it was, but FIL was deeply offended and would barely speak to him. I don't know whether FIL eventually forgot what it was, or mellowed, or whether MIL talked him round, but if he'd been one for changing his will then I'm sure DH would have been cut out ...Signature removed for peace of mind0
This discussion has been closed.
Categories
- All Categories
- 343.6K Banking & Borrowing
- 250.2K Reduce Debt & Boost Income
- 449.9K Spending & Discounts
- 235.8K Work, Benefits & Business
- 608.8K Mortgages, Homes & Bills
- 173.3K Life & Family
- 248.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards