Amending a Will

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 Will writing 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.

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 Will writing solicitor if the following happens:

• You separate from your partner or file for divorce.
• You get married or enter a civil partnership.
• Your children marry, get divorced or have children and you wish to make changes to how your inheritance will be left.
• You have had a child.
• If you, or anyone who you have left inheritance for has changed address.
• If you buy or sell property.
• You inherit money/property.
• Someone named in your Will passes away.
• You want to change your Executor.

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

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.

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.

Can a Power of Attorney Change a Will?

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

Can an Executor 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.

What is 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.

Can An Executor be Removed on a Will?

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.

Can a Person With Dementia Change Their Will?

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 Will writing solicitor will help to ensure the Will is valid and limit the chances of the will being contested later on grounds of capacity.

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