Revoking a Will

Carolinemjs

5 years ago my partner and I made wills together as he only had a short time to live, and he died a couple of months later.
At the time I was happy with the will but now want to change the beneficiaries.
I have possession of the original will from the solicitors but am not financially able to get a new one right now. I want to be certain that if I die in the meantime the beneficiaries in the original will wont inherit from me. What do I need to do?

Browntoa

I believe a properly independent witnessed and dated note attached is sufficient.

Along the lines of " I revoke the attached will"

Can still be challenged if the existing beneficiaries are financial dependent

Browntoa

It's called a codicil

https://www.mylawyer.co.uk/cancelling-a-will-a-A76045D77074/

Yorkshireman99

Browntoa wrote: »

I believe a properly independent witnessed and dated note attached is sufficient.

Along the lines of " I revoke the attached will"

Can still be challenged if the existing beneficiaries are financial dependent

Sorry but this is a very bad suggestion. Anything attached to will is likely to mean it will regarded by the probate office as invalid and the intestacy rules applied instead. Another no no there really is sensible substitute for using a solicitor and nothing else. Don’t do it.

Yorkshireman99

Browntoa wrote: »

It's called a codicil

https://www.mylawyer.co.uk/cancelling-a-will-a-A76045D77074/

Indeed but solicitors seldom use them. A wrongly drawn codicil is just as risky as am amateur will.

TonyMMM

If you have the original signed/witnessed copy of the will - tear it up.

Until you make a new will, your estate would then be subject to distribution under the rules of intestacy.

nom_de_plume

TonyMMM wrote: »

If you have the original signed/witnessed copy of the will - tear it up.

Until you make a new will, your estate would then be subject to distribution under the rules of intestacy.

To add to this I would advise the solicitor who prepared the Will to note this action. There's always a slim chance a copy could be accepted in the absence of nothing solid to confirm the contrary.

TBagpuss

You can revoke a ill by destroying it, so tearing up or burning the will works.
BUT it may then be sensible to leave a note stating that you have done so, to avoid a situation where the will is believed to be lost rather than revoked.
DO look up what the rules of intestacy are to make sure that you understand the effect of dying without a will, and if you only want to make minor changes then do make a new will asap.

TonyMMM

nom_de_plume wrote: »

To add to this I would advise the solicitor who prepared the Will to note this action. There's always a slim chance a copy could be accepted in the absence of nothing solid to confirm the contrary.

True - if you know any copies are held by others it makes a slight difference. An application could be made to have a copy accepted on the basis the original was lost.....so you need to leave something else to make clear what has been done ( a new, valid will would be best).

Yorkshireman99

nom_de_plume wrote: »

To add to this I would advise the solicitor who prepared the Will to note this action. There's always a slim chance a copy could be accepted in the absence of nothing solid to confirm the contrary.

Indeed because destruction is only valid if deliberate with the intention of revoking it.

kazwookie

I would strongly suggest you go and see a solicitor asap that you are able and take their advise, along with something in writing as to your new wishes so they can draw up a new WILL, get it signed and witnessed.