UPDATING WILLS WITH A NEW SOLICITOR

SaltyFox
SaltyFox Posts: 1 Newbie
edited 29 November 2024 at 9:39AM in Deaths, funerals & probate
In 2014 my late wife and I made Wills as tenants in common. She passed away in 2022 with Alzheimer's. Much of my Will, similar to but not a mirror one, is based on what she wanted and/or as suggested by the original solicitor. I have just made a new one on the "Free Wills" scheme with a new solicitor, donating £150 to the Alzheimer's Soc'y. I have tweaked the apportionments more fairly between my step grandchildren/great grandchildren and also my two  stepdaughters (whose mother left them out, thinking they didn't need anything.) I also added specific cremation/burial instructions. Being more of a Simple Will, the Trust  holding 50% of the bungalow between my stepdaughters and myself is not mentioned in this new Will. If I destroy my late wife's Will or my old one there is no written evidence of this. Does this matter? Should I have got my first solicitor to add a Codicil instead or does the registered title from the Land Registry cover this? I cannot remarry without moving out of my current home and any surplus on a sale for any reason was supposed to go to the grandchildren, as was any residue of estate.Similarly monies left in my ISA's were earmarked for the great grandchildren. Under the new Will all the estate is parcelled up into one Residuary Estate and split 30/30/40. I should add that my two stepdaughters are my Executors/Trustees as well as LPA  attorneys and the same goes for the younger one's two adult daughters as replacements in both types of the latter.

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 20,110 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 29 November 2024 at 9:23AM
    For some odd reason you have posted this in site feedback instead of the deaths funerals and probate board so I have reported this and asked for it to be moved.

    Why would you destroy your wife’s will? Is the trust registered with HMRC? 
  • FlorayG
    FlorayG Posts: 2,021 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 29 November 2024 at 9:18AM
    I'm assuming your late wife's will has been actioned and her estate distributed as she required? After that, your own will has nothing to do with hers. You are bequeathing your own estate, which now includes anything your wife left to you exclusively. You can't remove a trust already set up by your wife but you can change your own will to anything you like
    It says on every will something like 'this replaces any previous will' and is dated, so anyone who has both wills will know this one is the correct one. You can also get your old will back from the original solicitor and destroy it if you want. There's no need to destroy your wife's will
  • silvercar
    silvercar Posts: 49,137 Ambassador
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    I’ll move this to the correct part of the forum.
    I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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