I need to amend my Will. Should I just create a brand new one?

Heliocentric

Hello.

I need to amend my Will, made in 2016. 

The Will names the directors of the solicitors as executors, along with my mum (who is now deceased). I want to use a different solicitor for the new Will. Do I need to tell the current solicitor if I want to make a new Will or amend the current one? Should I just make a new Will and burn the old one? Do I need to do anything with the old one/get rid of it? I'm just confused.

I have my original Will at home. The solicitor may have a copy on record (I can't recall). 

My benefactors have changed as my mum has since passed away and I want to leave specific things to specific relatives and friends. I also do not want any directors named as executors on the new Will and I will just nominate a friend.

I'm in England.

Thanks.

FlorayG

With that many changes I would make a new will. Keep the old one with it and write over it in BIG letters 'no longer valid see new will' along with details of the new solicitor who has the new one. They will both be dated so it will be clear which one is valid

pseudodox

When I revise my will (albeit with the same solicitor) it is replaced with a new one, but my solicitor now keeps the old wills along with most recent.  Apparently it helps to show the history of changes & I also lodged an explanatory letter regarding a potential beneficiary whom I have excluded.  Perhaps do as @FlorayG suggests but also put a copy of that previous voided will with the new solicitor for clarity.

danco

You don't HAVE to tell the current solicitors, but it is simple enough to do so, and likely to be helpful. They would probably return the documents they have and you can destroy them.

verycross2025

We have just drafted amended wills.  My husband's property is owned by a trust consisting of him, and 2 stepchildren. It has taken years of acrimony and legal fees to reach agreement that he has a 50% share in the trust. The property will need to be sold on his death so that the stepchildren trustees can have their share. I can have no interest in the property, I have my own and he just wants to leave me cash to pay off my mortgage.  He has written a number of wills since 2004, each time being given different advice as to whether he needs to refer to the trust and his existing will, which we've just amended, does not refer to it.  However he's just been told by a solicitor that he needs to change the trust if he updates his will and the whole thing will cost almost £1k and will re-open the whole nasty episode.  Unfortunately experience has shown us that every solicitor will give different advice so is it true that he needs to rewrite the trust documents if he updates his will?

Heliocentric

pseudodox said:

When I revise my will (albeit with the same solicitor) it is replaced with a new one, but my solicitor now keeps the old wills along with most recent.  Apparently it helps to show the history of changes & I also lodged an explanatory letter regarding a potential beneficiary whom I have excluded.  Perhaps do as @FlorayG suggests but also put a copy of that previous voided will with the new solicitor for clarity.

FlorayG said:

With that many changes I would make a new will. Keep the old one with it and write over it in BIG letters 'no longer valid see new will' along with details of the new solicitor who has the new one. They will both be dated so it will be clear which one is valid

 Thank you. My concern is that the executor (who is one of the new benefactors) will be upset she wasn't included in the old Will when she sees it.

Heliocentric

danco said:

You don't HAVE to tell the current solicitors, but it is simple enough to do so, and likely to be helpful. They would probably return the documents they have and you can destroy them.

Ah okay so the old Will is not necessarily going to be kept?

Heliocentric

FlorayG said:

With that many changes I would make a new will. Keep the old one with it and write over it in BIG letters 'no longer valid see new will' along with details of the new solicitor who has the new one. They will both be dated so it will be clear which one is valid

verycross2025 said:

We have just drafted amended wills.  My husband's property is owned by a trust consisting of him, and 2 stepchildren. It has taken years of acrimony and legal fees to reach agreement that he has a 50% share in the trust. The property will need to be sold on his death so that the stepchildren trustees can have their share. I can have no interest in the property, I have my own and he just wants to leave me cash to pay off my mortgage.  He has written a number of wills since 2004, each time being given different advice as to whether he needs to refer to the trust and his existing will, which we've just amended, does not refer to it.  However he's just been told by a solicitor that he needs to change the trust if he updates his will and the whole thing will cost almost £1k and will re-open the whole nasty episode.  Unfortunately experience has shown us that every solicitor will give different advice so is it true that he needs to rewrite the trust documents if he updates his will?

If I were you I would start a new thread as it sounds very complicated and deserves more attention than it will get sitting here. Best of luck.

user1977

Heliocentric said:

danco said:

You don't HAVE to tell the current solicitors, but it is simple enough to do so, and likely to be helpful. They would probably return the documents they have and you can destroy them.

Ah okay so the old Will is not necessarily going to be kept?

Commonplace advice is that you destroy the old will, to avoid any risk of somebody finding it and thinking it's your last one.

Heliocentric

Okay thank you. I will burn it once I get a new one then.