Changing the 'disaster' scenario in a will. Codicil?

Spendless

Keep_pedalling said:

Spendless said:

Keep_pedalling said:t

Spendless said:

Our wills are legally binding we signed  and had witnessed  ourselves. Our solicitors don't have any signed wills from us because they sent them out blank to us, we never signed them anywhere other than doing it ourselves and these are at our home.  

I understand that, but I don’t understand why that is a problem. The alternative would be for you to visit the solicitor to be signed at their offices. 

That's exactly what I thought would happen (and what my parents did only a few months ago with a diff solicitor )  and then we would receive a copy of our wills and another copy be stored at the solicitors, which would mean in the event of our copy going missing etc there would be a valid will at the solicitors expressing our wishes. There isn't , only the ones we have at our home.

That should have been explained to you at the initial meeting, and you should have had the option. 

It was. We were told at the initial meeting where we said what our wishes were   that we would go back to the solicitor and sign once the wills had been drawn up. Instead the wills came through the post to us. As they weren't signed we did it ourselves in the presence of witnesses who also signed

But regardless  of what the solicitor said and did then  , we still need to know how to get DIL off our disaster clause, ideally without having to start all over again. 

Emmia

Spendless said:

Keep_pedalling said:

Spendless said:

Keep_pedalling said:t

Spendless said:

Our wills are legally binding we signed  and had witnessed  ourselves. Our solicitors don't have any signed wills from us because they sent them out blank to us, we never signed them anywhere other than doing it ourselves and these are at our home.  

I understand that, but I don’t understand why that is a problem. The alternative would be for you to visit the solicitor to be signed at their offices. 

That's exactly what I thought would happen (and what my parents did only a few months ago with a diff solicitor )  and then we would receive a copy of our wills and another copy be stored at the solicitors, which would mean in the event of our copy going missing etc there would be a valid will at the solicitors expressing our wishes. There isn't , only the ones we have at our home.

That should have been explained to you at the initial meeting, and you should have had the option. 

It was. We were told at the initial meeting where we said what our wishes were   that we would go back to the solicitor and sign once the wills had been drawn up. Instead the wills came through the post to us. As they weren't signed we did it ourselves in the presence of witnesses who also signed

But regardless  of what the solicitor said and did then  , we still need to know how to get DIL off our disaster clause, ideally without having to start all over again. 

You need a new will, which will revoke previous wills which include the DIL. 

Savvy_Sue

I think new will would be better, rather than faffing around with a codicil. 

Also, you say no grandchildren yet, but I would want to make sure that your disaster scenario did not exclude any which might arrive, even if you are not expecting any. 

RAS

Spendless said:

Keep_pedalling said:

Spendless said:

Keep_pedalling said:t

Spendless said:

Our wills are legally binding we signed  and had witnessed  ourselves. Our solicitors don't have any signed wills from us because they sent them out blank to us, we never signed them anywhere other than doing it ourselves and these are at our home.  

I understand that, but I don’t understand why that is a problem. The alternative would be for you to visit the solicitor to be signed at their offices. 

That's exactly what I thought would happen (and what my parents did only a few months ago with a diff solicitor )  and then we would receive a copy of our wills and another copy be stored at the solicitors, which would mean in the event of our copy going missing etc there would be a valid will at the solicitors expressing our wishes. There isn't , only the ones we have at our home.

That should have been explained to you at the initial meeting, and you should have had the option. 

It was. We were told at the initial meeting where we said what our wishes were   that we would go back to the solicitor and sign once the wills had been drawn up. Instead the wills came through the post to us. As they weren't signed we did it ourselves in the presence of witnesses who also signed

But regardless  of what the solicitor said and did then  , we still need to know how to get DIL off our disaster clause, ideally without having to start all over again. 

Did you ever contact the solicitor after the will arrived? 

It is usual for a draft to be sent to the donors for them to check, before confirming or asking for alterations to will. Once any alterations are done, you go back, if you wish, to sign and to get the will witnessed.  If it's correct, there's may be nothing to stop the donor using the draft sent by the solicitor as long as it is witnessed.

Agreed, you'd be wise to send the original to the HMCTS for storage, at the princely cost of £28. They send you a receipt with code you share with your executors. They need that and the death certificate to retrieve the will.

JGB1955

Alternatively - you can buy a fire-proof safe and keep the will at home.  No delay for our executors in 'retrieving' the will (and our wishes for burial/cremation).

Marcon

Spendless said:

Keep_pedalling said:

Spendless said:

Keep_pedalling said:t

Spendless said:

Our wills are legally binding we signed  and had witnessed  ourselves. Our solicitors don't have any signed wills from us because they sent them out blank to us, we never signed them anywhere other than doing it ourselves and these are at our home.  

I understand that, but I don’t understand why that is a problem. The alternative would be for you to visit the solicitor to be signed at their offices. 

That's exactly what I thought would happen (and what my parents did only a few months ago with a diff solicitor )  and then we would receive a copy of our wills and another copy be stored at the solicitors, which would mean in the event of our copy going missing etc there would be a valid will at the solicitors expressing our wishes. There isn't , only the ones we have at our home.

That should have been explained to you at the initial meeting, and you should have had the option. 

It was. We were told at the initial meeting where we said what our wishes were   that we would go back to the solicitor and sign once the wills had been drawn up. Instead the wills came through the post to us. As they weren't signed we did it ourselves in the presence of witnesses who also signed

But regardless  of what the solicitor said and did then  , we still need to know how to get DIL off our disaster clause, ideally without having to start all over again. 

It's clearly really bothering you, but you're making a huge issue out of nothing. Of course the wills sent to you by post hadn't been signed - you're the signatories! Why such a big deal to get them signed and witnessed at home (as very many people prefer) and then returned to the solicitor's office, either by registered post or simply dropping them back in person?

Go back to the solicitor and get some advice on how to proceed - far safer than relying on random strangers on the internet.

Spendless

Marcon said:

Spendless said:

Keep_pedalling said:

Spendless said:

Keep_pedalling said:t

Spendless said:

Our wills are legally binding we signed  and had witnessed  ourselves. Our solicitors don't have any signed wills from us because they sent them out blank to us, we never signed them anywhere other than doing it ourselves and these are at our home.  

I understand that, but I don’t understand why that is a problem. The alternative would be for you to visit the solicitor to be signed at their offices. 

That's exactly what I thought would happen (and what my parents did only a few months ago with a diff solicitor )  and then we would receive a copy of our wills and another copy be stored at the solicitors, which would mean in the event of our copy going missing etc there would be a valid will at the solicitors expressing our wishes. There isn't , only the ones we have at our home.

That should have been explained to you at the initial meeting, and you should have had the option. 

It was. We were told at the initial meeting where we said what our wishes were   that we would go back to the solicitor and sign once the wills had been drawn up. Instead the wills came through the post to us. As they weren't signed we did it ourselves in the presence of witnesses who also signed

But regardless  of what the solicitor said and did then  , we still need to know how to get DIL off our disaster clause, ideally without having to start all over again. 

It's clearly really bothering you, but you're making a huge issue out of nothing. Of course the wills sent to you by post hadn't been signed - you're the signatories! Why such a big deal to get them signed and witnessed at home (as very many people prefer) and then returned to the solicitor's office, either by registered post or simply dropping them back in person?

Go back to the solicitor and get some advice on how to proceed - far safer than relying on random strangers on the internet.

My question was actually how to get  DIL off our will as a beneficiary as she is in the disaster clause  and if this could be done as a codicil?  Hence the title.  I fetched up how our solicitor had sent the wills out to us unsigned despite saying he would call us in to do so (exactly what happened when my parents made their wills a few months ago they went back and signed in the solicitors office ) to explain we could rip them up  as there is no other signed wills  stored with him and if we did this and  were to all die suddenly then we would be dying intestate and DIL wouldn't inherit under our 'disaster scenario'  The solicitor sending us out our wills the way he did  seems to have been picked up on and talked about more so than the question I asked.

You are correct it bothered me he did this because we paid him several £100s for the wills and sending them this way meant if we'd left them unsigned we'd paid  in effect not have a will (which currently is an advantage that we can rip up the only ones and have  DIL not be a beneficiary that way until we can get another solicitor's appt)  

To answer some other questions. 

Potential future grandchildren are included in our current wills and come before any disaster beneficiary. 

The unsigned wills were sent out to us bound and laminated with wording 'The last will......' on it . We had previously been sent an email for us to look through to see if that was correct and any amendments - we had 1 or 2 alterations (nothing major)  and the corrections were in the posted out wills. 

But as above my actual question is can you change a potential beneficiary by a codicil or not? 

Emmia

Spendless said:

Marcon said:

Spendless said:

Keep_pedalling said:

Spendless said:

Keep_pedalling said:t

Spendless said:

Our wills are legally binding we signed  and had witnessed  ourselves. Our solicitors don't have any signed wills from us because they sent them out blank to us, we never signed them anywhere other than doing it ourselves and these are at our home.  

I understand that, but I don’t understand why that is a problem. The alternative would be for you to visit the solicitor to be signed at their offices. 

That's exactly what I thought would happen (and what my parents did only a few months ago with a diff solicitor )  and then we would receive a copy of our wills and another copy be stored at the solicitors, which would mean in the event of our copy going missing etc there would be a valid will at the solicitors expressing our wishes. There isn't , only the ones we have at our home.

That should have been explained to you at the initial meeting, and you should have had the option. 

It was. We were told at the initial meeting where we said what our wishes were   that we would go back to the solicitor and sign once the wills had been drawn up. Instead the wills came through the post to us. As they weren't signed we did it ourselves in the presence of witnesses who also signed

But regardless  of what the solicitor said and did then  , we still need to know how to get DIL off our disaster clause, ideally without having to start all over again. 

It's clearly really bothering you, but you're making a huge issue out of nothing. Of course the wills sent to you by post hadn't been signed - you're the signatories! Why such a big deal to get them signed and witnessed at home (as very many people prefer) and then returned to the solicitor's office, either by registered post or simply dropping them back in person?

Go back to the solicitor and get some advice on how to proceed - far safer than relying on random strangers on the internet.

My question was actually how to get  DIL off our will as a beneficiary as she is in the disaster clause  and if this could be done as a codicil?  Hence the title.  I fetched up how our solicitor had sent the wills out to us unsigned despite saying he would call us in to do so (exactly what happened when my parents made their wills a few months ago they went back and signed in the solicitors office ) to explain we could rip them up  as there is no other signed wills  stored with him and if we did this and  were to all die suddenly then we would be dying intestate and DIL wouldn't inherit under our 'disaster scenario'  The solicitor sending us out our wills the way he did  seems to have been picked up on and talked about more so than the question I asked.

You are correct it bothered me he did this because we paid him several £100s for the wills and sending them this way meant if we'd left them unsigned we'd paid  in effect not have a will (which currently is an advantage that we can rip up the only ones and have  DIL not be a beneficiary that way until we can get another solicitor's appt)  

To answer some other questions. 

Potential future grandchildren are included in our current wills and come before any disaster beneficiary. 

The unsigned wills were sent out to us bound and laminated with wording 'The last will......' on it . We had previously been sent an email for us to look through to see if that was correct and any amendments - we had 1 or 2 alterations (nothing major)  and the corrections were in the posted out wills. 

But as above my actual question is can you change a potential beneficiary by a codicil or not? 

@Spendless the answer is really simple.

MAKE A NEW WILL

I don't understand why you're so resistant to the easiest solution to your problem.

sheramber

A codicil would still need to be signed and witnessed and your problem with safe storage still applies.

Receiving unsigned/ unwitnessed wills didn’t bother you enough to question the solicitor about it. 

 My only experience of changing wills was to add a new baby. Our solicitor told us we needed a new will.

If you want legal advice as to whether a properly drawn up, signed and witnessed codicil is sufficient you need to ask a solicitor , not a bunch of strangers on a forum who can only give you their opinion.

silvercar

I’m surprised your solicitor didn’t advise you to include clauses in the will that covered the scenario you now have. Eg the disaster cause leaving 50% to DIL if they were still married/ was the mother of any grandchildren of yours otherwise she is excluded etc.