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Where Taxpayers and Advisers Meet

Last Will and Testament….

Another1
Posts:32
Joined:Sun Apr 04, 2021 12:17 pm
Last Will and Testament….

Postby Another1 » Tue Apr 05, 2022 11:28 am

If a solicitor draws up a Will and holds it on your behalf,then say six years later you review that Will which leads to a new Will to being written,does the original Will get destroyed?

….Or say after another period, circumstances change and the original Will best suits your needs,can the solicitor be instructed to re instate the old Will to become your ‘Last Will and Testament…..’

…or would a new Will have to be written?

bd6759
Posts:4262
Joined:Sat Feb 01, 2014 3:26 pm

Re: Last Will and Testament….

Postby bd6759 » Tue Apr 05, 2022 5:00 pm

This is not a tax question.

But your heading answers your question: it is the last will that matters. But it should include wording to the effect that it replaces and supersedes all others just to be clear.

Another1
Posts:32
Joined:Sun Apr 04, 2021 12:17 pm

Re: Last Will and Testament….

Postby Another1 » Tue Apr 05, 2022 7:28 pm

This is not a tax question.

So which Forum should it be posted to?

But your heading answers your question: it is the last will that matters. But it should include wording to the effect that it replaces and supersedes all others just to be clear.
I understand what you are saying…but if the solicitor kept previous wills (rather than destroying them),could I instruct that he destroys the last Will and make the previous Will,the last Will and Testament@

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: Last Will and Testament….

Postby maths » Tue Apr 05, 2022 8:06 pm

A will (W1) which has been revoked by a later will (W2), as presumably the case here (ie W2 revoked W1), then W1 cannot be revived simply by revoking W2.

W1 to be revived would need to be re-executed following the usual formalities OR by executing a codicil which demonstrates an intention to revive the revoked will.

Another1
Posts:32
Joined:Sun Apr 04, 2021 12:17 pm

Re: Last Will and Testament….

Postby Another1 » Tue Apr 05, 2022 9:03 pm

Thank you maths…

Another1
Posts:32
Joined:Sun Apr 04, 2021 12:17 pm

Re: Last Will and Testament….

Postby Another1 » Thu Apr 21, 2022 9:58 am

A will (W1) which has been revoked by a later will (W2), as presumably the case here (ie W2 revoked W1), then W1 cannot be revived simply by revoking W2.

W1 to be revived would need to be re-executed following the usual formalities OR by executing a codicil which demonstrates an intention to revive the revoked will.
If I had a copy of W1 and simply re-typed it and included new witnesses,all signed up and dated,could I not now legally regard this as my new Will?….If W2 was in the hands of solicitors,presumably I would need to inform them of new W1?

AGoodman
Posts:1738
Joined:Fri May 16, 2014 3:47 pm

Re: Last Will and Testament….

Postby AGoodman » Thu Apr 21, 2022 10:28 am

(1) Yes - although you might want to check the law has not changed in any relevant way; and
(2) It would be very sensible to avoid confusion


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