Updated Will

ricky101

Hi,

My simple single Will needs updating as one of my executors is no longer available and I need to make a couple of other minor changes.

Looking online I see that some solicitors offer a Will Review service, does this mean they can amend an existing will or in reality is it a complete rewrite costing the same as a new will ?

One of the few solicitors to list the cost of a will was the Co-op, but they stated that they keep the signed Will ??
Assume thats also a ploy so they would charge or try to gain business when the executors went to collect the will.

Am I still right in saying its my right to hold my own will ? ( in a safe place of course)

Yorkshireman99

ricky101 wrote: »

Hi,

My simple single Will needs updating as one of my executors is no longer available and I need to make a couple of other minor changes.

Looking online I see that some solicitors offer a Will Review service, does this mean they can amend an existing will or in reality is it a complete rewrite costing the same as a new will ?

One of the few solicitors to list the cost of a will was the Co-op, but they stated that they keep the signed Will ??
Assume thats also a ploy so they would charge or try to gain business when the executors went to collect the will.

Am I still right in saying its my right to hold my own will ? ( in a safe place of course)

The usual thing is that solicitors will keep the will in safe storage. Any will needs reviewing and probably updating every five years. AFAIK the Coop farm the job out and get a cut. Use an independent solicitor instead not a will writer.

Mojisola

ricky101 wrote: »

My simple single Will needs updating as one of my executors is no longer available and I need to make a couple of other minor changes.

Looking online I see that some solicitors offer a Will Review service, does this mean they can amend an existing will or in reality is it a complete rewrite costing the same as a new will ?

Our solicitor will make small amendments for very low cost - it's only a matter of changing what's on the computer and printing it out.

A solicitor should store your signed will for free. Executors will be offered 'help' when they come to collect the will but they don't have to accept.

ricky101

Hi,

Thanks for the info, partic the point about the co-op using a third party.

I had a will done in 2002 and redone in 2008 by the same firm of local solicitors, but on both occasions they gave me the original will, think they said they keep a copy, no mention /explanation about them keeping the original for me ?

If I lost my original will, would the solicitors copy be valid ?
( I have given my execs a copy of the will, with the beneficiaries blanked out , so they know who the solicitors are )

Yorkshireman99

ricky101 wrote: »

Hi,

Thanks for the info, partic the point about the co-op using a third party.

I had a will done in 2002 and redone in 2008 by the same firm of local solicitors, but on both occasions they gave me the original will, think they said they keep a copy, no mention /explanation about them keeping the original for me ?

If I lost my original will, would the solicitors copy be valid ?
( I have given my execs a copy of the will, with the beneficiaries blanked out , so they know who the solicitors are )

Usually a copy is not valid. In extreme circumstances the executors, and I stress the may, be able to apply to the court and get it accepted. It will be expensive and uncertain. You can deposit a will with the Government Probate Office for a fee. Beware the pseudo firms offering storage at much jogger rates.

TBagpuss

I would recommend going back to your original solicitors, they will be able to amend your will or write a codicil to make the changes for you. Be aware that due to the requirements around confirming instructions, checking ID, Solicitors Accounts Rules etc they will need to open a file so cost probably won't be much less than if you were making a new, simple will. Although solicitors often don't list prices as these may vary depending on complexity etc, most will be able to give you an idea of costs if you ring and ask.

It's not necessarily correct that a solicitor 'should' store your will for free. Many do, but they are under no obligation to do so. You can however certainly ask your solicitors whether they will store the original and what (if any) charge they will make.

Increasingly, even those who will store the will for free will make a small admin charge when the original is collected, as they will need to check ID (yours or the executor's)

As Yorkshireman says, if the original will were lost, it is sometimes possible for a copy to be used, where it is clear that the will was in fact lost, and not destroyed. (A will can be revoked by being destroyed by the testator, so obviously the Probate office has to be very cautious about whether to accept a copy - so if you do lsoe the original it would be advisable to execute a new will rather than hoping that a copy can be used!

Mojisola

TBagpuss wrote: »

It's not necessarily correct that a solicitor 'should' store your will for free. Many do, but they are under no obligation to do so.

Poor use of words in my earlier post - I didn't mean 'should' as in obliged to do so, just as you say, that most do offer the service.

One potential problem with having a will kept at home is that could be destroyed by someone who finds that they will do better under the intestacy rules than the will or just that the will is never found.