New simple will needed

Troytempest

Stepmother in law made a will 2 years ago which would have split an estate of about £200k about 6 ways.

Since then she has become terminally ill with maybe only a few months left. Her condition has required a considerable amount to be spent on her care to the point where she is close to the £23k when hopefully the council will take over her care.

She has now said she wants to change her will to leave whatever is left up to the discretion of my wife who has her Power of Attorney.

Can this be a simple letter renouncing the old will and stating that the split of any money left is up to my wife. Happy that she would have to sign it in the presence of witnesses.

Thanks

elsien

I strongly suspect that would fail as a valid will. The whole purpose of an executor is to distribute the estate in line with the person’s wishes. Not make it up as they go along.

Her alternative is just to get rid of the old will and leave it to the intestacy rules.

p00hsticks

Is probate going to be needed ? (e.g. is there property or shares involved, or any savings exceeding the probate access limit of the institution in which they are held). If there is, then the will will become visible to the public, including the 6 or so who are potentially now being disinherited.

I think if that if the case then in your wife's shoes I'd prefer the will to simply say that everything is left to her, with the understanding that she may want to pass some of it on simply left as a verbal agreement between the two of them. Who is going to be executor of the will ? Your wife would probably be advised to do a deed of variation if and when she passes any of the inheritance on to any other.s

elsien

And why does your stepmother feel that your wife’s judgement is any better than her own as to who gets what?

Keep_pedalling

Does your wife have any siblings?

sheramber

POA ceases on death.

FlorayG

No you can't do that.

Simplest thing is a new will leaving everything to your wife and a letter of wishes attached as to what the lady should do with it.

Obviously a great deal of trust involved though

Ms_Chocaholic

If I were in your wife's shoes I'd leave things as they are, it could cause no end of family problems.

Troytempest

Thanks everyone.

I think she will leave the original will as is…….no need for probate as no property and very small amount of cash left so no one is getting rich anyway.