Renewing/Updating our Wills

Banger1

I am at a point of writing a letter of wishes etc. for when I die. Then the family know, if I want to be cremated or not. Instead of finding they have done something different by the time the will is read, which happened with my late mother-in-law.

We currently have mirror wills, made some 12 years ago lodged with a local solicitor. When they wrote about updating them, I was advised the cost to update, would be 4 times what we originally paid. Can I simply find a new solicitor to draw up new mirror wills, - as we now have grandchildren? If I do, will these new wills supersede the original wills? and if done should we hold these ourselves? By holding these ourselves or with a family member, and I also do the Letter of Wishes at the same time, will this then back up the Wills held.     

If the new Wills has in them something to the effect, - that this Will supersedes any previous wills made -, is that sufficient. Should I request the original Wills back from the original solicitors, and if done will they charge us for that. Or should we just write to them, to cancel the original Wills.

There is no change in family members, and no family split, simply additional grandchildren. I was surprised how much they wanted to update the Wills

Robin9

My MIL opted not to leave the grandchildren anything in her will but to let her children decide.  

If nothing else has changed leave it as it is.

Savvy_Sue

Did you ask what this solicitor would charge to start from scratch?
The problem with updating is that the solicitor still needs to do due diligence and ask all the 'What if?' questions, so the cost may be very similar.

Personally I think the simplest thing to do about funeral wishes is to make your views known. DH doesn't care, so I've told him he's going to the Woodland cemetery near us. He knows I want to be cremated.

Also note that the will can be read before the funeral.

A new will does supersede any previous will(s) and usually includes wording to that effect. Where you keep it is up to you, the key thing is that your executors know where to find it. Again, that's best achieved by telling people!

maman

Not sure what you mean about the will being 'read'. I think the family sitting around in the solicitors office has been consigned to old episodes of Poirot! We've given copies of the wills to our DDs. Personally I wouldn't go down the road of bequests to grandchildren as you can get in a mess with unequal numbers and ages. I'd leave your estate to your children and let them decide/provide for their own children in their turn. The letter about funeral wishes is a good idea, give the children copies of that. Then unless you've really changed your minds about beneficiaries or anything else then your current wills stand. 

Mojisola

Banger1 said:

We currently have mirror wills, made some 12 years ago lodged with a local solicitor. 

There is no change in family members, and no family split, simply additional grandchildren.

If you have left a legacy to grandchildren that you had at the time and the solicitor didn't suggest that you made provision in the wills for any future grandchildren, I wouldn't use them again.  That's such a standard arrangement to future-proof your will.
Also, your current will should have a clause that says that it supercedes any previous will and that also should be in any future wills.

Robert_McGeddon

If you are likely to pay IHT, have trusts in the original will, want to bypass one of your children because of their tax situation or have anything else esoteric involved then I think you should consider having the wills redrafted professionally.

TBagpuss

Given that its 12 years since you last made wills,  reviewing / updating them is effectively going to be starting form scratch to review what has changed, wat your current wishes are etc. 
Compared with 12 years ago, the solicitors will have to do more in the way of admin (anti-money laundering checks, ID verification etc)  however if you don't feel that their process are competitive, contact a couple of other solicitors and get quotes to compare.

It's standard for any will to include a clause that any earlier wills are revoked, however to avoid confusion it is wise to collect and previous wills from wherever they are stored, and destroy them once you have signed the new ones - (it avoids the possible situation where the older will is found and the new one isn't!)

The solicitor may make a small change to provide the original wills to you if you are not instructing them to do the new ones - they will need to check your ID etc before releasing the wills to you to make sure you are you. You are unlikely to be able to simply write to them to cancel the wills - the will needs to be formally revoked or destroyed by you, and most solicitors will send it to you for you to destroy, rather than than being willing to do it on your behalf .

It is up to you whether you then hold the originals yourselves or arrange for them to be stored with the solicitors.  Personally,  I have my original will  & some notes  stored securely with my solicitor and a copy at home, with the original letter of wishes and notes, and have let my executors know where it is 

relaxtwotribes

When my wife and I went to solicitors to make new wills the first question he asked me was did I want to be embalmed, cremated or buried?  At which point my wife interjected and said all three - no point taking any risks!

Banger1

Thanks everyone for your help and comments. While their are currently 5 grandchildren the wills state that should one of my sons pass away their share would then pass to their children. So if it was one child or two, they would receive their father's share.
The letter of wishes is more so they know in advance, what you want to do. I don't really want to cost them any unnecessary cost, so looking down the the lines of Pure Cremation. Again in the Letter of Wishes, - if not already done -,  that may allow for specific items to be suggested that they go to A, B or C.
Thanks for all you help    

TBagpuss

Banger1 said:

Thanks everyone for your help and comments. While their are currently 5 grandchildren the wills state that should one of my sons pass away their share would then pass to their children. So if it was one child or two, they would receive their father's share.
The letter of wishes is more so they know in advance, what you want to do. I don't really want to cost them any unnecessary cost, so looking down the the lines of Pure Cremation. Again in the Letter of Wishes, - if not already done -,  that may allow for specific items to be suggested that they go to A, B or C.
Thanks for all you help    

I would suggest that you are clear about *why* you are proposing pure cremation. (or discuss it in person with them.)

 The reason I say this is that it can be something people can have quite strong, and different feelings about.

If your view is 'do the cheapest thing because I don't need there to be a formal funeral and I don't want you feel you have to splash out - I'm happy for you to save the money and use it for something more enjoyable'  is very different to ' I don't want a formal funeral because I don't like funerals ' - it may be worth thinking about whether you family may prefer to have a funeral to have the opportunity to say goodbye in a way that's meaningful to them, without feeling they are going against your wishes. (And if it is mostly about saving money, then perhaps say that  - "I don't want you to spend a lot of money on a funeral - I'd be more than happy for you to arrange a pure cremation /cardboard coffin if you want a service/ceremony /  have an informal wake / memorial gathering if and when you felt you wanted one" (or alternatively, of course "I strongly dislike the church so whatever you do, please don't let anyone arrange a Christian service or ceremony for me - I'll come back and haunt you if you do")