Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Changing a Will

  • 12-05-2016 8:29pm
    #1
    Registered Users, Registered Users 2 Posts: 1,673 ✭✭✭


    Hi folks My Dad made a Will but he is now not happy with the wording and he is also not happy with his solicitor at moment so he wants to change it by a different solicitor

    If a will has been made can it be changed by another solicitor and does the first solicitor hold the original copy and do you have to get it off him ?

    ps : what is the normal price for a will change ?


Comments

  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    Get the original off the solicitor and destroy it AFTER the new one is made.
    Its no problem making a new one.


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Shop around - should be cheap enough if it's straight forward.


  • Registered Users, Registered Users 2 Posts: 1,673 ✭✭✭torrevieja


    so basically we have to get the original off the solicitor before he can write a new one thanks ?

    this guy keeps promising to ring him back ignores his texts and is never there when you ring office or he texts back in court

    If anybody can recommend a good cheap solicitor in the South Side Dublin 14 - 16 area id appreciate it


  • Registered Users, Registered Users 2 Posts: 82 ✭✭busylady


    You do not have to get the first will before making a new will with a different solicitor however it would be wise to write to the solicitor holding the first will informing him that a new will has been signed and requesting that he forward the original to you , or your new solicitor can make the request on your behalf. Fees vary but it should be possible to have a basic will drawn up for around €100.


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    torrevieja wrote: »
    so basically we have to get the original off the solicitor before he can write a new one thanks ?
    Get the original off the solicitor and destroy it AFTER the new one is made.
    Its no problem making a new one.
    torrevieja wrote: »
    this guy keeps promising to ring him back ignores his texts and is never there when you ring office or he texts back in court

    If anybody can recommend a good cheap solicitor in the South Side Dublin 14 - 16 area id appreciate it

    Busy solicitors are busy for two reasons, they're good or they're cheap. Recommendations aren't allowed. For wills just ring around.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    torrevieja wrote: »
    so basically we have to get the original off the solicitor before he can write a new one thanks ?...
    No.

    The original will is revoked by the act of making a new one with a later date. As insurance, when solicitors are drafting a will, they include words to say that any previous will or testamentary disposition is revoked - but that is nothing other than stating the obvious.

    It is, however, a good idea to recover the original will and destroy it - in case the deceased's survivors accidentally end up with the wrong will.


  • Closed Accounts Posts: 1,575 ✭✭✭Indricotherium


    No.

    The original will is revoked by the act of making a new one with a later date. As insurance, when solicitors are drafting a will, they include words to say that any previous will or testamentary disposition is revoked - but that is nothing other than stating the obvious.

    It is, however, a good idea to recover the original will and destroy it - in case the deceased's survivors accidentally end up with the wrong will.

    If I wanted to make an addition to a will, can that be done? Say My original will left everything to a nephew on the condition that he spent a night in my haunted castle, but afterward I wanted to ensure that it must be a stormy night.

    Would I have to redo the entire will or could I make a second one that simply addends the original?


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    If I wanted to make an addition to a will, can that be done? Say My original will left everything to a nephew on the condition that he spent a night in my haunted castle, but afterward I wanted to ensure that it must be a stormy night.

    Would I have to redo the entire will or could I make a second one that simply addends the original?

    Codicils allow amendments to be made to Wills.

    However, it is likely that a more practical answer would be to make an entirely new Will, altogether.

    If you are looking for theatricality over practicality, have you considered inscribing your codicil on an eggshell or maybe a headstone might be more durable?


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Codicils allow amendments to be made to Wills.

    However, it is likely that a more practical answer would be to make an entirely new Will, altogether.

    If you are looking for theatricality over practicality, have you considered inscribing your codicil on an eggshell or maybe a headstone might be more durable?

    Great idea as long as it complies with the Succession Act 1965 :)


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    I get the point about formal revocation of previous wills being included in the wording of the current one.

    For the avoidance of doubt can that wording be supplemented by a specific reference to revocation of the previous will by specifying it's particular date ? e.g. my prior will and testament dated 23.March. 2012.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    No.

    The original will is revoked by the act of making a new one with a later date. As insurance, when solicitors are drafting a will, they include words to say that any previous will or testamentary disposition is revoked - but that is nothing other than stating the obvious.

    It is, however, a good idea to recover the original will and destroy it - in case the deceased's survivors accidentally end up with the wrong will.

    A particularly good point. I once had dealings with a matter where the second last will was superseded by the current one. However, the second last will was not destroyed and ended up being the one admitted to probate. To say that it cost a fortune and an age to rectify matters would be an understatement.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    NUTLEY BOY wrote: »
    Great idea as long as it complies with the Succession Act 1965 :)

    Could be a bit awkward otherwise.


Advertisement