Changing a will - solicitor or not?

[robjh]

We made a will a few years back, and went through a solicitor to do it.
We now want to make a small change to it and don't feel we need legal advice, and can't see any need for a solicitor this time.

Assuming that will 2 is correctly drawn up and witnessed, and includes a statement to the effect that it revokes will 1, is there any risk associated with doing it ourselves this time? Could will 1 ever be considered more valid because drawn up by a solicitor?

 

[Drago]

If its not an overly complex document then no, but read around the subject first. Its not at all difficult, but there are some quite profound pitfalls to avoid.

 

[Markymark]

Best thing, to avoid unnecessary tax will be to leave your bikes to a certified bike intermediary who will then pass them on.

As it turns out I am one so just leave all your bikes to me and I'll sort it out.

 

[byegad]

With two horror stories of self written wills in my family, please don't do it yourself. What seems perfectly logical and clear to you may not be so in legal terms.

 

[srw]

Sometime in the year there's a period where lawyers will do pro bono will-writing in exchange for a donation to charity.

If your will is anything other than the most simple possible ("All to wife. If we both die at the same time then 50-50 between A and B") then it's worth getting it properly drafted.

 

[Drago]

Most will writers are not qualified solicitors, and they put their trousers on one leg at a time like the rest of us.

http://www.thewillexpert.co.uk

 

[Mrs M]

Our will was written by a solicitor.
The advice we got from him and the "quality" of the will were so bad we had to complain.
One of the partners in the firm redid it for us and we were not charged.
Make sure your will is watertight, what you want and accounts for all possibilities.

 

[Profpointy]

if the original will is ok, and the change is of the nature of "I leave my erotic etching collection to Auntie Nora" then just retype with the clause in the middle. Get it re-witnessed in the proper manner and destroy the old one. And in any case, the will should contain a clause revoking all previous wills.

if the new bequest is complex eg cutting out a child or complex trust funds or divorce stuff then I'd get it checked by a lawyer.

I'd also buy a book on wills (must be UK) as that explains a lot of stuff eg mechanics of witnesses. Also gives you confidence as to whether the lawyer written one is pukka

 

[vickster]

I did mine through a legal service provided as part of my AA home insurance policy, included checking. Maybe you have similar? Otherwise I'd use a solicitor

 

[Vapin' Joe]

"A man who acts as his own solicitor has a fool for a client".

 

[Arrowfoot]

I always wondered why the Govt does not allow the Public trustee to handle with the writing of the Will. They already can act as the Executor of the will. Most people' s don't own a business and they also are not looking to make complex arrangements. Its a valuable service. One also does not have to worry if the solicitor is going to keep his paperwork in order or that he does not do anything dodgy.

 

[TreeHuggery]

not sure if you're in a union? Fairly sure that Mr TreeHuggery was offered free/reduced price will writing service via the union that he was in

 

[slowmotion]

I would use a solicitor. It won't cost that much and it could save your family an awful lot of aggro and money in the future.

 

[SD1]

We made a will a few years back, and went through a solicitor to do it.
We now want to make a small change to it and don't feel we need legal advice, and can't see any need for a solicitor this time.

Assuming that will 2 is correctly drawn up and witnessed, and includes a statement to the effect that it revokes will 1, is there any risk associated with doing it ourselves this time? Could will 1 ever be considered more valid because drawn up by a solicitor?

Why not go back to the first solicitor and get a price. Wills aren't expensive in the first place.

 

[Profpointy]

We made a will a few years back, and went through a solicitor to do it.
We now want to make a small change to it and don't feel we need legal advice, and can't see any need for a solicitor this time.

Assuming that will 2 is correctly drawn up and witnessed, and includes a statement to the effect that it revokes will 1, is there any risk associated with doing it ourselves this time? Could will 1 ever be considered more valid because drawn up by a solicitor?

as well as the standard "I revoke.all previous wills" clause, if you destroy the previous will then it can't be "more valid" . I the solicitor is looking after the signed copy, then ask for it back. Don't leave the old one lying around obviously