Changing a will
Discussion
Looking for some help or information on an issue with a will. My wife was asked to be an executor of a family friend (80's) whom we used to live next door to . The lady (single, never married) has siblings but they are mostly estranged.
She wrote her will a couple of years ago but her mental health as declined markedly due to Alzheimer's. As we now live 70 miles away we only see her occasionally (when we visit family) but she started to insist she wanted to change her will, and did in fact go to the solicitor who wrote the original will, (she had marked up the changes in pen) but her strange behaviour and language at his offices led the solicitor to refuse to formalise the changes as he believed she was not mentally competent ( which is true).
My wife now thinks that as the original will has been altered this makes her photocopy null and void, I dont know if the solicitor has a copy of the original (do they keep a copy?).
She wrote her will a couple of years ago but her mental health as declined markedly due to Alzheimer's. As we now live 70 miles away we only see her occasionally (when we visit family) but she started to insist she wanted to change her will, and did in fact go to the solicitor who wrote the original will, (she had marked up the changes in pen) but her strange behaviour and language at his offices led the solicitor to refuse to formalise the changes as he believed she was not mentally competent ( which is true).
My wife now thinks that as the original will has been altered this makes her photocopy null and void, I dont know if the solicitor has a copy of the original (do they keep a copy?).
If the original will changes are not “formalised l”ie correctly signed and witnessed they remain annotations on an existing document with I believe no legal status so in effect the original will still stands untouched.
Was it the actual will she annotated or a copy though ?
When any will needs to be actually acted upon the original will is needed - a photocopy won’t be any use.
Usually the solicitor drawing up the will retains the original in storage but conceivably also possible that the individual didn’t want that , and had the original which she has now annotated.
I guess it’s possible for the annotated will to get witnessed by someone and therefore technically becomes the last will though ?
Perhaps your wife needs to ask the solicitor in question ?
Was it the actual will she annotated or a copy though ?
When any will needs to be actually acted upon the original will is needed - a photocopy won’t be any use.
Usually the solicitor drawing up the will retains the original in storage but conceivably also possible that the individual didn’t want that , and had the original which she has now annotated.
I guess it’s possible for the annotated will to get witnessed by someone and therefore technically becomes the last will though ?
Perhaps your wife needs to ask the solicitor in question ?
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