Amending a Will
Throughout the process, your dedicated lawyer will assist you in making amendments to your Will
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Why an amendment to a Will can protect your wishes
Amending a Will ensures that your estate is distributed according to your current intentions. Any changes to your personal circumstances should trigger the review of your Will. Some common reasons to consider a Will amendment include:
Life changes: Marriage, divorce, or the birth of children may require updates to beneficiaries or guardians.
Financial changes: Significant changes to your assets, including property, investments, or business interests, may cause the need for amending a Will.
Tax planning: Revising your Will can help optimise inheritance and tax liabilities, and maximise benefits for your heirs.
Charitable giving: Adding new charitable contributions or updating what’s currently on your Will.
Steps you can take now to help your child
At Goughs, our team of experienced solicitors can guide you through all the stages of changing your Will. We begin by carefully reviewing your existing Will to spot outdated clauses or areas that can be improved, then work with you to make the necessary updates.
Our legal experts provide clear advice and make sure that all Will amendments comply with current laws. Once your changes are agreed, we take care of the documentation and filing, ensuring that your updated Will is legally valid and securely maintained.
How to make an amendment to a Will
here are two main approaches to making a Will amendment. The first approach is to create a new Will. This is recommended if you are making major changes. The cost of this varies on who you go through to make these changes e.g. online, through a Will writer, or with a solicitor. A new Will should clearly revoke all previous Wills to avoid any confusion. All old Wills along with any of their copies should be destroyed by either shredding it or burning it.
The second approach is to add a codicil. This is done when minor updates are to be made. A codicil costs between £30 to £70 through a solicitor. It acts as a supplementary document to your existing Will. It must follow the same legal formalities as the original Will, including being signed and witnessed in the correct manner. It’s important to note that you shouldn’t use someone as a witness if their husband, wife, or civil partner benefits from a gift in the codicil as it will make the gift to them invalid.
It’s also worth noting that your Will can be amended as many times as you like. However, having multiple codicils can cause complications further down the line and add further expense to you. We recommend you take advice on whether further amends or a new Will are you best option.
The importance of professional advice when amending a Will
Consulting an experienced solicitor with Will amendments is important to guarantee that:
- Your amendments meet all legal requirements, reducing the risk of future disputes.
- Your wishes are clearly expressed, helping to prevent complications among beneficiaries.
- Tax inheritance is minimised and benefits for your loved ones are maximised.
Our dedicated solicitors here at Goughs specialise in Will amendments. We provide tailored guidance to suit your individual circumstances, so that all of your intentions are respected and that your estate is managed efficiently.
Speak to a solicitor
Whether your circumstances have changed and you need to amend your will, or you simply have some questions you’d like answered by a solicitor, we can help. You can call, email, or visit one of our seven offices for tailored advice.
Call us
With seven offices around the South West of England, we have multiple offices you can call.
Email us
If you would like to drop us an email you can on info@goughs.co.uk
Visit us
With offices in Calne, Chippenham, Corsham, Devizes, Melksham and Trowbridge, you can pop in and see us. View office locations.
Will amendment FAQs
Yes, of course. Although in most circumstances we recommend having a new Will drawn up. A solicitor, whether it is the one who originally wrote your Will, or a new one, will need to check all of the details and it won’t necessarily save you any money by simply amending a Will.
While it’s possible to make changes on your own, even small errors can make your Will invalid. To avoid any potential disputes or complications, it’s best to seek advice from a solicitor experienced in Will amendments.
The short answer is no, your will can’t be changed by an executor. An executor cannot change your Will to suit their own needs or gain, and only have a duty to act in the interests of your estate and beneficiaries.
A Codicil enables you to make small changes to your existing Will without having to draft a new one from scratch. There is no limit to how many Codicils you can add to your Will.
A Will can be changed up to two years after a person has passed. For this to happen, any beneficiaries who would be negatively affected by the proposed changes must give their consent. This process is carried out using a legal document known as a deed of variation which allows the estate to be redistributed in a way that better reflects the wishes of the family or optimises the outcome for tax or personal reasons.
A Codicil enables you to make small changes to your existing Will without having to draft a new one from scratch. There is no limit to how many Codicils you can add to your Will.
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