Revoking wills
Posted: February 3rd, 2017, 2:55 pm
Hi
I recently noted that I will (do already, really) need to have a new will afetr split from my [ex]partner.
This exchange (sorry for the messy copying) led me to start a new thread/topic:
In this particular case - no-one else has a copy of the will but me. It is not stored anywhere. I can email the chap who drew it up and let him know it is destroyed though (he wrote both of ours so if I died OH would likely want to contact him to see if he knew where a copy was, I expect..).
But, I would like to check, I *think* I am right - if I destroy this current *valid* will, that leaves me intestate, it *does not* leave my older will (which I still have a copy of) valid - as that was revoked by the newer one?
I'd be happy to revert to the old will, it says what I need. It would be better than dying intestate (which, if I do, means my ghastly parents get everything and could not be relied upon to do the decent thing and distribute it among my favourite relatives).
But it would be better for the current will to be in place than to die intestate as the current will does at least split 50% of the estate with my relatives, and I *think* OH would pass on anything he got but it's not as bad for him to have it as for the parentals.
I know I need to do a new one and will do as soon as I can, but I am focusing on the tedious task of finding somewhere to live currently.
Ta
Mel
I recently noted that I will (do already, really) need to have a new will afetr split from my [ex]partner.
This exchange (sorry for the messy copying) led me to start a new thread/topic:
swill453 wrote:If you'd rather be intestate than have the ex inherit, you could always just destroy the will. Having saved the text if it's useful to you for drafting a new one.
Gengulphus wrote:As I understand it, destroying a will only revokes it if the destruction is deliberately done in order to revoke it - so if you wish to revoke a will by that method, make certain that it will be clear that you have done so! At least if it was prepared by a solicitor, if you don't do that then enquiries after your death may well conclude that you did sign it and it is apparently lost - and the solicitor has a copy of the signed will that can be admitted to probate once reasonable enquiries have established that...
Making certain that it will be clear isn't difficult - e.g. a letter to the solicitor saying that you have revoked it by destroying it and could they update their records to indicate that should do the job. But it is a bit more than just destroying the will!
Gengulphus
In this particular case - no-one else has a copy of the will but me. It is not stored anywhere. I can email the chap who drew it up and let him know it is destroyed though (he wrote both of ours so if I died OH would likely want to contact him to see if he knew where a copy was, I expect..).
But, I would like to check, I *think* I am right - if I destroy this current *valid* will, that leaves me intestate, it *does not* leave my older will (which I still have a copy of) valid - as that was revoked by the newer one?
I'd be happy to revert to the old will, it says what I need. It would be better than dying intestate (which, if I do, means my ghastly parents get everything and could not be relied upon to do the decent thing and distribute it among my favourite relatives).
But it would be better for the current will to be in place than to die intestate as the current will does at least split 50% of the estate with my relatives, and I *think* OH would pass on anything he got but it's not as bad for him to have it as for the parentals.
I know I need to do a new one and will do as soon as I can, but I am focusing on the tedious task of finding somewhere to live currently.
Ta
Mel