Changing Mirror Wills

thriftytracey

Just a quick question I hope! Myself and my husband have mirror wills that we made 16 years ago. We would like to change one thing which is what happens if both of us die together. We would like to leave our estate to charity rather than my husband's grandchildren.

Would this be a codicil or completely new wills?

Many thanks.

Savvy_Sue

I'd suggest that completely new wills would be sensible, even though it seems to you a minor change which could conceivably be done via a codicil. But if you have a particular charity or charities in mind, you may well find that they have a scheme which enables you to do this at minimal cost to yourselves. And you get the benefit of ensuring that the way things were done 16 years ago is still appropriate, and if not it is improved.

Keep_pedalling

I would also suggest new wills after such a long time.

I may be misreading this but why would you want different beneficiaries if you die at the same time than if you die at different times?

thriftytracey

https://forums.moneysavingexpert.com/discussion/comment/82077939#Comment_82077939

They are mirror wills so if my husband dies first the estate comes to me and vice versa. But sometimes a couple can die in an accident so the will has to state what happens in those circumstances.

thriftytracey

Yes, I never thought about that Savvy_Sue, thank you.

p00hsticks

https://forums.moneysavingexpert.com/discussion/comment/82077949#Comment_82077949

But it would be usual for a will to cover the scenario of who would inherit if the initial beneficiary has predeceased you, even in the scenario where the two deaths don't occur together. .

So 'I leave everything to x, but if they have predeceased me then to y and z'

If you simply will everything to each other with no alternative mentioned, and the surviving partner doesn't immediately write a new will following the death of their spouse (probably not usually a high priority at the time) then the second will becomes meaningless and on the second death you;d simply follow the intestacy rules (leaving the estate to any children or other close relatives.. )

Reed_Richards

I read recently that if you die together, or the order of death cannot be determined, then it is assumed that the elder died first. But it sounds as if you will need to change your wills anyway.