We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Changing a Will

Options
seven-day-weekend
seven-day-weekend Posts: 36,755 Forumite
Part of the Furniture 10,000 Posts Name Dropper Photogenic
edited 6 July 2020 at 12:02PM in Deaths, funerals & probate
I am executor to an elderly lady's will.  She is still alive so I have not had to carry out my duties yet.

At the moment the will says a third share each to two charities and a person.  She wants me to change the will to say £1000 each to the charities and the rest to the person.
I assume I am allowed to do this, providing she signs it and has it witnessed?  Or would a codicil be better?

We can use mostly use the wording of the original will.

Advice welcomed.
(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
«1

Comments

  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 July 2020 at 1:15PM
    At the moment the will says a third share each to two charities and a person.  She wants me to change the will to say £1000 each to the charities and the rest to the person.
    I assume I am allowed to do this, providing she signs it and has it witnessed?  Or would a codicil be better?
    We can use mostly use the wording of the original will.
    If you mean can she make a new will, changing the way her money is left - that's fine.  If it's very simple and the wording is absolutely clear, it's possible to DIY though using a solicitor would be better.  As executor, if it's wrong, you're going to be the one with a mess to clear up!
    If you're talking about crossing things out and writing new amounts on the current will - absolutely not.
    If a new will is made, make sure the signed copy of the old one is destroyed. 
  • Undervalued
    Undervalued Posts: 9,539 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Indeed.

    For similar reasons I would strongly advise against leaving a percentage of an estate to a charity. By all means leave them a fixed legacy if that is what she wants to do.

    However with a percentage the charity may get their teeth into investigating whether the executors have done everything possible the maximise the value of the estate.
  • Malthusian
    Malthusian Posts: 11,055 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Presumably "a person" is you? If not, why are you being stuck with the job?
    She should absolutely see a solicitor. If the difference between a third of the estate and £1,000 is material, expect the Will to be challenged. Of course the charities might never find out about the old Will, but given how much effort they put into getting themselves "remembered", there's every chance they know about it already.
    If you're not the beneficiary, and the old lady goes under a bus tomorrow, whether she's made her new Will or not, for God's sake renounce. Failing that, give the job to a solicitor.
  • seven-day-weekend
    seven-day-weekend Posts: 36,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Mojisola said:
    At the moment the will says a third share each to two charities and a person.  She wants me to change the will to say £1000 each to the charities and the rest to the person.
    I assume I am allowed to do this, providing she signs it and has it witnessed?  Or would a codicil be better?
    We can use mostly use the wording of the original will.
    If you mean can she make a new will, changing the way her money is left - that's fine.  If it's very simple and the wording is absolutely clear, it's possible to DIY though using a solicitor would be better.  As executor, if it's wrong, you're going to be the one with a mess to clear up!
    If you're talking about crossing things out and writing new amounts on the current will - absolutely not.
    If a new will is made, make sure the signed copy of the old one is destroyed. 
    No....I meant a new one!  Thanks for your reply.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the difference between a third of the estate and £1,000 is material, expect the Will to be challenged. Of course the charities might never find out about the old Will, but given how much effort they put into getting themselves "remembered", there's every chance they know about it already.
    If the current will was made through a charity or a solicitor doing a 'free will for a charity donation', it's likely that they will know about it.
    If that's so, the testator could write a letter to be kept with the will explaining why she had changed her mind. 
    Some charities can be very difficult in pursuing their share and even more so if they think their share has been reduced.  If they are small, local charities it won't be such a problem.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    ... what could possibly go wrong, eh ?
  • MovingForwards
    MovingForwards Posts: 17,145 Forumite
    10,000 Posts Sixth Anniversary Name Dropper Photogenic
    When excluding someone from a will or reducing a gift to someone, do it through a solicitor as they keep notes which will always back up why it was.
    Also leave a letter with the will, in your own words, signed, explaining why the change was made. Again this helps in case of a dispute.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,391 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is the estate likely to be over £325k?
    If so, Inheritance Tax should be considered. Bequests to charities are exempt. 
    And, if you're not a beneficiary, why would you agree to be an executor? The person who is a beneficiary can do the work. 
    A kind word lasts a minute, a skelped erse is sair for a day.
  • Grumpy_chap
    Grumpy_chap Posts: 18,162 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If you are the "other person" who now stands to gain, presumably, a far higher share of the estate, then be sure to have nothing to do with the drafting of the will.  
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.7K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.4K Spending & Discounts
  • 243.7K Work, Benefits & Business
  • 598.5K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 256.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.