My Dad Sadly past away last month. I am one of the executor of his joint will. My Mum is still alive and she has said we will need to retrieve the will out of storage and get it updated. I have done a little research and this seems to be a bit of a daunting task. Is anyway clued up on Wills? If so, do we need to get the original will and get it updated? If so, what is the process in getting this updated. Would we not be better just leaving the will as it is?
Will - advice
- Thread starter vincent
- Start date
Are you taking about your dad’s will?
If so, then you can’t change that. But you’ll need it to follow his last wishes.
If you are talking about your mums will, then it depends on what proviso’s were in it regarding what happens after your dad died 1st, AND whether she now wants to change whatever that was.
If so, then you can’t change that. But you’ll need it to follow his last wishes.
If you are talking about your mums will, then it depends on what proviso’s were in it regarding what happens after your dad died 1st, AND whether she now wants to change whatever that was.
dickie davies
Well-Known Member
Wifey, who works as a legal secretary, said you can't update your father's will as he's passed away
Sge said you have to implement the terms of your father's will and she recommends a new will for your mum.
Cost of a new will is around £180+tax
Sge said you have to implement the terms of your father's will and she recommends a new will for your mum.
Cost of a new will is around £180+tax
Yeah his joint will with my Mum. My Mum has said in the will it said everything would be passed to me and my sister. She has been told the will needs to be updated accordingly now he has passed.
Joint will? Sounds odd. More likely 2 wills made at the same time? But I’m no expert.
dickie davies
Well-Known Member
Wifey said a will is a personal document to each person
Even if it's a joint will, each parent will have their own document and they usually mirror/reflect each other
So you still have to carry out the instructions of your father's will and your mum can have a new will drafted
denislawsbackheel
Well-Known Member
- Joined
- 28 May 2008
- Messages
- 26,105
- Team supported
- We went to Rotherham…
It is wrong to say a will cannot be changed after death.
It most certainly can in something called a deed of variation.
It has to be agreed by all the beneficiaries.
See this
www.gov.uk
It most certainly can in something called a deed of variation.
It has to be agreed by all the beneficiaries.
See this
Change a will after a death
Changing an inheritance after death (a 'variation') and how it can affect amounts of Inheritance and Capital Gains tax due
Kinkladze 1
Well-Known Member
- Joined
- 29 Apr 2015
- Messages
- 3,181
I thought you were going to say you’re 6’4’’ and banging a stunning French bird who’s got a bit of Hindu in her but the local gimp has been eyeing her up and making comments about how long you’ve got left to live……
As per usual with legal matters there is a lot of incorrect advice given.
Firstly you need to retrieve the will to see what it says.
Secondly you cannot change someone’s will after they have died.
Thirdly someone still alive can change their will by having a deed of variation or a codicil added which allows a change to a will without having to start again, whilst the person is still alive.
Fourthly if someone leaves you something and you don’t want it you don’t have to have it.
If someone leaves you something eg a gold Rolex watch and the benefactor had got rid of it before death tough you don’t get it.
There is no such thing as a joint will. You may leave everything to your spouse and they leave everything to you but that’s not a joint will.
There are loads of pitfalls far too many to mention here, if in doubt seek proper legal advice because if your the Executor and get it wrong you may be held personally liable for any mistakes.
Firstly you need to retrieve the will to see what it says.
Secondly you cannot change someone’s will after they have died.
Thirdly someone still alive can change their will by having a deed of variation or a codicil added which allows a change to a will without having to start again, whilst the person is still alive.
Fourthly if someone leaves you something and you don’t want it you don’t have to have it.
If someone leaves you something eg a gold Rolex watch and the benefactor had got rid of it before death tough you don’t get it.
There is no such thing as a joint will. You may leave everything to your spouse and they leave everything to you but that’s not a joint will.
There are loads of pitfalls far too many to mention here, if in doubt seek proper legal advice because if your the Executor and get it wrong you may be held personally liable for any mistakes.
denislawsbackheel
Well-Known Member
- Joined
- 28 May 2008
- Messages
- 26,105
- Team supported
- We went to Rotherham…
Try reading the Gov.uk advice on deeds of variation!
You don’t seem to know what they are.
You are so wrong!
Wills can be changed after death as long as beneficiaries agree.