Small changes to Will treated as new Will

Ageing_Stick_Insect

I wrote a will 6 years ago naming a nephew as a beneficiary and executor. Sadly, he died earlier this year so the will needs changing with the beneficiaries and new executor changing.

The Solicitors holding my existing Will say it needs rewriting as a new one. The cost is £250 + VAT so £300.

They also went on to say even small changes like address change would be treated as a new Will so another £300.

Is this standard practice for Solicitors? This is a large one with many solicitors rather than a small one. Or should I keep addresses separately and just provide names to protect myself from further charges?

Yorkshireman99

Ageing_Stick_Insect wrote: »

I wrote a will 6 years ago naming a nephew as a beneficiary and executor. Sadly, he died earlier this year so the will needs changing with the beneficiaries and new executor changing.

The Solicitors holding my existing Will say it needs rewriting as a new one. The cost is £250 + VAT so £300.

They also went on to say even small changes like address change would be treated as a new Will so another £300.

Is this standard practice for Solicitors? This is a large one with many solicitors rather than a small one. Or should I keep addresses separately and just provide names to protect myself from further charges?

£300 plus VAT is a total ripofff. Find another solicitor.

Ageing_Stick_Insect

£300 including VAT but I agree it's a lot. I paid £108 in April 2012 for the original.

Ageing_Stick_Insect

I'm booked in with a local solicitor for Monday. £175 inc VAT sounds far more reasonable.

AnotherJoe

In most cases it shoudl be possible to write the will so that you dont have to change it every time a beneficiary dies or an address changes. A will ought to be able to cope with deaths of beneficiaries by you stating what happens to the money if X is deceased, eg does it pass to their descendants or go back into a general pool for others or what. eg "I leave X to be equally divided amongst all my nephews and nieces who survive me" (and maybe add " if any have predeceased me, their share to be aportioned among their children, depending upon what you want). The solicitor can get the exact legal wording.


Also why have addresses? If its leaving your house, for example, "I leave 43 Acacia Grove to X" that's poor practice, because if you later sell 43 and buy 44 because its got a better garden or whatever that bequest fails.

Better to have "I leave any properties I own at date of death to X".

Or if its "I leave such and such to fred smith at 43 Acacia Grove" put something like "I leave such and such to fred smith who was living at 43 Acacia Grove as of the date of this will" or "I leave such and such to (state relationship) fred smith at 43 Acacia Grove. And if there are two fred smiths distinguish them by something that wont change, like birthdate.

Tom99

Why not just copy the existing will and change the names and save £175?

Ageing_Stick_Insect

@AnotherJoe, excellent advice, thanks. In short, keep it as short as is needed for legal purposes. Addresses can be held by me and available to executors. Anyone who pre-deceases me has their share divided amongst surviving beneficiaries.


@Tom99, probably not legally binding.

elsien

If properly signed and witnessed it would be legally binding.

However a world of strife can be caused by badly drafted wills so many people prefer to have someone who theoretically knows as what they're doing to draw it up.

Mojisola

Ageing_Stick_Insect wrote: »

@Tom99, probably not legally binding.

Why not?

As long as it's signed and witnessed correctly, it will be legal.

There's a risk that you don't get the new wording 100% right but if the changes are minor, it's an option.

As you've got a new solicitor lined up, that's the preferred route.

The problem with wills is that you don't know there's a problem with them until after you've died when it's too late to put it right.

Owain_Moneysaver

Ageing_Stick_Insect wrote: »

They also went on to say even small changes like address change would be treated as a new Will so another £300.

Is this standard practice for Solicitors?

It may not be completely standard, but your Will will be interpreted after you're dead according to the laws in force at the time you maked it.

Those laws, or your circumstances, may have changed since the previous Will, and the solicitors will be taking the fee to advise you and draw up a Will according to the laws now in force to accurately reflect your wishes.

If you just want an address changed, you don't need a solicitor. You need a typist. Or you can handwrite it yourself (in pen, with no alterations, no gaps where things could be inserted, etc) as long as it is signed and properly witnessed .

Ageing_Stick_Insect

Thanks all. There is a change of beneficiaries and executors. Addresses for executors will be removed on new will unless legally required.


The other problem is the solicitors are based in Leeds although my Will is held locally. The new solicitor is local and much easier to deal with as well as being cheaper. Like many things in life you learn from your mistakes but with Wills it's difficult to correct once you're dead! So best to get things water-tight.