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Amending a Will

Will Writing Solicitors based in Sheffield, Barnsley & Rotherham delivering advice in South Yorkshire

If you have any major life changes, or you haven’t reviewed your Will for 5 years, it’s advised to amend your Will. However, if you want to amend a Will, it’s important that any updates don’t invalidate the original Will. To amend a Will, you need to either rewrite your Will or add a codicil in the document. It is advised to discuss your circumstances with a Will writing solicitor before making any amendments to or replacing an existing Will.

 

Howells Solicitors has one of the most highly regarded Will writing teams in South Yorkshire, with a track record of outstanding service and client feedback. We rank as one of the top law firms in South Yorkshire for Wills, Trusts and Probate on reviewsolicitors. We also rank as one of the top law firms for Estate Planning Solicitors on the Three Best Rated website.

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How Can Our Wills, Trusts and Probate Solicitors Help?

Our friendly and compassionate Wills and Probate Solicitors can help you and your family with:

Will writing – we can help draft, revise or amend a legally sound and comprehensive Will that reflects all your wishes for after you are gone. This can include who will be the executor of your estate, who will receive your property, possessions and money. You can leave instructions for how to care for your children or dependents. You can also say who will take care of your pets. Additionally, you can provide any instructions for your funeral.

Trusts – we can help with the complex process of setting up a trust, including drafting a Trust Will.

Estate Administration – we can assist administrators or executors of an estate with administrative duties. We can also act as the executor of an estate.

Probate – we can assist with the process of applying for the Grant of Representation, which is called probate.

Lasting Power of Attorney – we can help you create and execute powers of attorney. This will let a loved one make decisions for you if you can no longer think clearly.

Court of Protection – if a loved one does not have a power of attorney and loses mental capacity, we can help. We can assist you in applying to the Court of Protection. This allows you to make decisions about their medical treatment and finances.

Inheritance Tax Planning – we can advise on and plan for inheritance tax on your estate. We can help you understand how inheritance tax will impact your estate. We can also show you how to make the most of your inheritance tax allowance.

Planning for Retirement – we can help you review your estate and investments. We will advise you on the best steps for future planning. We can help you with gifts, inheritance tax, trusts, and charitable donations. We also advise on how to protect your assets and can draft a Will for you.

Learn more in Planning for Retirement

Contact us or call us on 0114 2743 481 to discuss your circumstances and how they will affect your Will today.

 

Who Can Amend a Will?

Only the person who made the Will can make changes to a Will. When amending a Will, it’s important you do not make amendments that can invalidate your existing Will. You should either write a new Will or make a codicil to the existing Will. With either option you should consult with a Will writing solicitor for advice.

Our friendly team of Wills and Probate Solicitors can offer you advice on amending your Will as well as offering a Will writing service if you need to replace your Will or make a codicil to the existing one.

Contact us or call us on 0114 2743 481 to discuss your circumstances and how they will affect your Will today.

 

What Are Codicils in a Will?

A codicil is an official alteration to a Will, which avoids you having to write a new will.

Codicils are normally used for minor changes or small additions in a Will. There are no limits to the number of codicils that can be added to a Will. However, they still need to be witnessed and signed in the same manner as a Will.

If you have more than one or two minor changes, it’s generally recommended that you write a new Will. You should discuss any amendments to a Will with a Will writing solicitor.

 

How Often Should You Update Your Will?

You should amend your Will when there are any major life changes. However, if there are no major life changes, it is advised you update your Will every 5 years.

 

When Should You Amend Your Will?

Key life events can have a major impact on the validity and effectiveness of your Will. You should review your Will with a Wills and Probate Solicitor if the following happens:

It’s worth checking your Will regularly to see if everything is still relevant and as you wish.

 

Major Life Changes That Warrant a Will Update:

  • Marriage or Civil Partnership: Your new spouse or partner may gain legal rights that affect your estate.
  • Divorce or Separation: You may wish to remove your ex-partner as a beneficiary or executor.
  • Birth or Adoption of Children or Grandchildren: You might want to include them as beneficiaries or appoint guardians.
  • Death of a Beneficiary or Executor: If someone named in your Will passes away, you’ll need to revise it.
  • Significant Changes in Financial Status: Inheritance, property purchase, or business ownership can affect your estate planning.
  • Relocation to Another Country: Different jurisdictions have different laws that may impact your Will’s validity.
  • Change in Wishes or Relationships: If your priorities or relationships shift, your Will should reflect that.
  • Health Changes: A diagnosis or disability may prompt updates to care provisions or powers of attorney.

 

How To Amend a Will

You first need to decide if you need to amend your current Will, with a codicil, or if you need to rewrite your Will. This depends on the number of amendments you wish to make.

If you want to change your Will, it is crucial that you do not make any written amendments to your current Will, or attach any documents to it, as this may make it invalid.

Contact us or call us on 0114 2743 481 to discuss your circumstances and how they will affect your Will today.

Amending a Will Frequently Asked Questions

No, a person appointed under a power of attorney cannot amend or change a Will.

No, a Will cannot be changed by an Executor whilst you are alive. However, they may make amendments with the permission of all the beneficiaries that are named in the Will. This can be done through a Deed of Variation.

A deed of variation is a document that can be created that states all executors and beneficiaries are happy with all amendments proposed to a Will by an Executor or a beneficiary. It is used to alter how a person’s share of an estate is distributed after they have died. This is only available in certain circumstances.

Only when the person who made the Will is alive and removed by that person. An executor cannot be removed after the Will owner has died unless the executor themselves decide that they do not wish to act as an executor. An executor can seek advice from a solicitor or instruct a solicitor to help manage the estate and support with probate.

An executor could be removed, if they are not performing their duties, but this would need to be done through the courts.

Yes, someone with dementia can change their Will. However, they must demonstrate that they understand the effects their changes will make. This is known as testamentary capacity.

Using an experienced Wills and Probate Solicitor will help to ensure the Will is valid and limit the chances of the will being contested later on grounds of capacity.

How can we help? Contact us today

Contact us on 0114 2743 481 and one of our advisors will be in touch to discuss your situation. We will take some initial information and if we can help, we will book you in for a consultation with a legal professional.

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Solicitors for Amending a Will

The Howells wills, trusts and probate team are highly regarded in South Yorkshire and are extremely knowledgeable and experienced in all areas of Wills, Lasting Powers of Attorney, Inheritance Tax, Deputyship Orders and Probate. They are passionate about helping people take control of their affairs and ensuring rights and wishes are upheld. The team will put you at your ease immediately – while their professionalism and eye for detail will have you leaving relaxed and reassured.

We can meet with you personally in the comfort of our offices in Sheffield, Rotherham and Barnsley. If you are physically unable to attend any of our offices, a home visit can be arranged.

The team consists of Lindsey Rawson, Tom Warlow, Louise Tissington and Melodie Shelton-Heath. The team is supervised by Lindsey Rawson.

Client Testimonials

“Very thorough, helpful, and supportive service. Patient explanation of the complexities of the law and the options for us.”

“Answered all our questions, informed us of pitfalls and the law in the event of different scenarios. We are extremely grateful and glad that this is all in place now for the future for both of us and our families.”

“Provided an excellent service. Thorough, knowledgeable, efficient, friendly, and empathic. Made our experience very straightforward and we cannot recommend her highly enough.”

“We had a wonderful experience while writing our wills. We were given excellent advice, and it was quick and easy. Would recommend.”

“I was happy with service I received. It felt like I was being listened to in terms of what I wanted and why I wanted things to be that way.”

“The whole experience was smooth and easy to understand.”

“Very knowledgeable and very helpful. Made me aware of things I didn’t know about.”

“From start to finish Lindsey has been fantastic, explaining the daunting process of dealing with my mother’s estate in great detail and helping me through a very difficult time.”

“Kerry was very professional and friendly throughout the whole process. We explained our wishes and she was able to suggest what was needed to ensure they would be carried out.”

“Excellent customer service provided. Highly recommended.”

“Explained everything from start to finish, kept me informed throughout the process and was a pleasure to deal with her indeed.”

“Professional but friendly and very helpful. Every step was explained thoroughly, and every question answered in detail.”

Lindsey Rawson

Wills, Trusts & Probate

0114 249 6672
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Melodie Shelton-Heath

Wills, Trusts & Probate

0114 249 66 66
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Louise Tissington

Wills, Trusts & Probate

0114 249 6692
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Tom Warlow

Wills, Trusts & Probate

0114 274 34 81
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