Will - advice

[Uncle Wally One Ball]

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?

Solicitor to sort it, just pay them. They do this for a living and these are the times that you need them

 

[halfmist]

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.

You’re missing the point. Of course the beneficiaries can share the spoils and vary what they get under the will. That is common sense providing they all agree. As I said in my post you cannot force a gift on anyone. What cannot be done is just change the will of the deceased to the detriment of any of the beneficiaries without a Court Order for example if the will is challenged by a relative or person who can prove financial dependence on the benefactor.
My advice to this chap remains, seek proper legal advice.

 

[MCFC Wirral]

As others have said, seek good independent legal advice.

 

[Corky]

You need to find where it is stored first and retrieve it, that bit is correct.

I did mine myself a couple of weeks ago, used an online thing and just ripped it off into a word document from the PDF so took a bit of reformatting. I sent it to HMCTS to store until I die with a Postal Order for £20. Cheap and cheerful.

 

[denislawsbackheel]

You’re missing the point. Of course the beneficiaries can share the spoils and vary what they get under the will. That is common sense providing they all agree. As I said in my post you cannot force a gift on anyone. What cannot be done is just change the will of the deceased to the detriment of any of the beneficiaries without a Court Order for example if the will is challenged by a relative or person who can prove financial dependence on the benefactor.
My advice to this chap remains, seek proper legal advice.

Utterly irrelevant to my original post about deeds of variation.
And they can only be done after death, not as you said when alive.

 

[WickyWain]

Sorry for your loss, Vincent

 

[stonerblue]

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.

Sounds wrong too me. Nobody has a 'joint' will surely?
If your Dad says all his stuff goes to you and Sis' then that's what will happen.

And commiserations Blue

 

[denislawsbackheel]

You are right no such thing as a joint will, More likely mirror wills like me and my Mrs.
We leave everything to each other and on death of survivor it all goes to the kids.

 

[quincunx]

as his next of kin your mum is due everything anyway, isn't she?
when my father died last year, to make things easier for us, we just said that he hadn't left a will and there were no problems, mum got everything, no questions asked.
then she bought a new blank will for herself for £2 from the post office, filled it in and got a couple of neighbours to witness it. all perfectly legal.
solicitors and that just end up complicating things and costing money.

sad to hear of your loss, blue.

 

[Blue Maverick]

You are right no such thing as a joint will, More likely mirror wills like me and my Mrs.
We leave everything to each other and on death of survivor it all goes to the kids.

Why don’t you leave whoever dies first in trust to kids, my mum and dad did this in the event that if the survivor ends up in a home they can’t take all the assets to pay the bill as half belongs to the kids in trust.