Updating a Will if Addresses Change

davidm_uk

I've recently reviewed our (Mrs and me) wills, and am happy that they still reflect our wishes. However the addresses of some of the beneficiaries (our sons), and both of the witnesses (ex neighbours) have changed. Is it necessary to up date the will to reflect these changes? The company that produced the wills for us originally is suggesting that we should, but then they would (£££s). If it is important could it be covered by a codicil (drawn up by me), and would that have to use the original witnesses, rather than new ones?

Browntoa

I'd just attach updated contact details to the will , it's not critical

And when things have settled down get a proper solicitor will drawn up away from the clutches of what seems to be a will writing company

Brynsam

davidm_uk said:

I've recently reviewed our (Mrs and me) wills, and am happy that they still reflect our wishes. However the addresses of some of the beneficiaries (our sons), and both of the witnesses (ex neighbours) have changed. Is it necessary to up date the will to reflect these changes? The company that produced the wills for us originally is suggesting that we should, but then they would (£££s). If it is important could it be covered by a codicil (drawn up by me), and would that have to use the original witnesses, rather than new ones?

No need at all, provided the parties can still be clearly identified. What is always helpful is to include a simple page of updated addresses/contact details for anyone who features in the will in any capacity. 

PeterE17

Brynsam said:

No need at all, provided the parties can still be clearly identified. What is always helpful is to include a simple page of updated addresses/contact details for anyone who features in the will in any capacity. 

Is there a need to keep the witnesses' addresses updated? Isn't their part in the process finished as soon as they have signed the will?

Mojisola

PeterE17 said:

Is there a need to keep the witnesses' addresses updated? Isn't their part in the process finished as soon as they have signed the will?

If there is an issue with the will, witnesses may be contacted to confirm that everything was done properly.

You don't have a duty to keep their addresses up-to-date - if they need to be found, there are ways to do that.

badger09

Mojisola said:

PeterE17 said:

Is there a need to keep the witnesses' addresses updated? Isn't their part in the process finished as soon as they have signed the will?

If there is an issue with the will, witnesses may be contacted to confirm that everything was done properly.

You don't have a duty to keep their addresses up-to-date - if they need to be found, there are ways to do that.

I agree, no duty to keep witness' addresses up to date. Witnesses could have died.

davidm_uk

badger09 said:

I agree, no duty to keep witness' addresses up to date. Witnesses could have died.

So if a dispute arises about the validity of a will, but both witnesses are deceased, is their testimony taken as read?

relaxtwotribes

I believe that there is a presumption of execution if , on the face of it, a will is properly executed.

badger09

davidm_uk said:

badger09 said:

I agree, no duty to keep witness' addresses up to date. Witnesses could have died.

So if a dispute arises about the validity of a will, but both witnesses are deceased, is their testimony taken as read?

What 'testimony' are you expecting a witness to give? 

Mojisola

badger09 said:

What 'testimony' are you expecting a witness to give?

I know of a will that was challenged and the witnesses were interviewed.  It turned out that one of the witnesses didn't like signing legal stuff so she witnessed the testator signing the will and then took it home and got her husband to sign instead of her.  She couldn't see anything wrong with that but it invalidated the will.