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Wills
This information applies to England, Wales and Northern Ireland Why it is important to make a will Is it necessary to use a solicitor How much does a solicitor cost What should be included in a will Who are executors Requirements for a valid will Where to keep a will Searching for copies of a will Change of circumstances How to change a will Destroying a will If a person who made a will commits suicide Challenging a will Probate
or a Citizens Advice Bureau who can give you lists of solicitors. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. For more information about what happens if someone dies without making a will in England and Wales, see Who can inherit if there is no will the rules of intestacy.
which belongs to the Institute of Professional Willwriters. These firms must follow a Code of Practice which covers the training and assessment of willwriters. There is also a complaints and conciliation procedure which can help you sort out problems if things go wrong. You can find details of The Code and of firms which belong to the Institute on the Institute's website at www.ipw.org.uk.
with a solicitor at a bank at the Principal Registry of the Family Division of the High Court, a District Registry or Probate Sub-Registry for safe keeping. If you wish to deposit a will in this way you should visit the District Registry or Probate Sub-Registry or write to:The Probate Department The Principal Registry of the Family Division First Avenue House 42-49 High Holborn London WC1V 6NP Tel: 020 7947 6000 In Northern Ireland, wills can be deposited with:Probate Office Royal Courts of Justice Chichester Street Belfast BT1 3JF Tel: 028 9072 4678 Email: probate@courtsni.gov.uk District Probate Office The Court House Bishop Street Londonderry BT48 6PY Tel: 028 7126 1832
In Northern Ireland
The Probate Office will send copies of the wills that it holds direct to the individual. Fees should be paid by crossed cheque or postal order made payable to the Northern Ireland Courts and
Tribunals service. The fee for an actual copy of the will is 5 or 10 for a certified copy. There may be an additional fee for a search to be carried out depending on the information that you have about the will. In this case it is advisable to contact the Probate Office at the following address: The Probate Office 2nd Floor, Royal Courts of Justice Chichester Street Belfast BT1 3JF Telephone: 028 9072 4678 In Northern Ireland, if you want to make a personal search, you should contact the Probate Office, (see under heading Where to keep a will), which will be able to tell you where to go and any fees that are payable. In Northern Ireland, if the District Probate Registry dealt with the will (see above) it is possible to inspect the documents there.
Personal application
You can make a personal search free of charge by going to the Principal Registry of the Family Division (see under heading Where to keep a will). If you want to inspect or take a copy of the will, there is a fee of 5. In Northern Ireland, you should contact the Probate Office, (see under heading Where to keep a will), which will be able to tell you where to go to make a personal search, and any fees that are payable.
Local application
In England and Wales, you can order a copy of a will or grant of probate at any District Probate Registry. You will need to give the full name of the person who died, the date probate was granted and the name of the registry office where it was issued. The fee is 5. To find a District Probate Registry, go to HM Courts Service website at: www.hmcourts-service.gov.uk. In Northern Ireland, if the District Probate Registry dealt with the will (see above) it is possible to inspect the documents there.
Change of circumstances
When a will has been made, it is important to keep it up to date to take account of changes in circumstances. It is advisable for you to reconsider the contents of a will regularly to make sure that it still reflects your wishes. The most common changes of circumstances which affect a will are:getting married, remarried or registering a civil partnership getting divorced, dissolving a civil partnership or separating the birth or adoption of children, if you wish to add these as beneficiaries in a will.
a new will.
Codicils
A codicil is a supplement to a will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a will, or to add beneficiaries. A codicil must be signed by the person who made the will and be witnessed in the same way. However, the witnesses do not have to be the same as for the original will. There is no limit on how many codicils can be added to a will, but they are only suitable for very straightforward changes. If a complicated change is involved, it is usually advisable to make a new will.
Making a will
If you wish to make major changes to a will, it is advisable to make a new one. The new will should begin with a clause stating that it revokes all previous wills and codicils. The old will should be destroyed. Revoking a will means that the will is no longer legally valid.
Destroying a will
If you want to destroy a will, you must burn it, tear it up or otherwise destroy it with the clear intention that it is revoked. There is a risk that if a copy subsequently reappears (or bits of the will are reassembled), it might be thought that the destruction was accidental. You must destroy the will yourself or it must be destroyed in your presence. A simple instruction alone to an executor to destroy a will has no effect. If the will is destroyed accidentally, it is not revoked and can still be declared valid. Although a will can be revoked by destruction, it is always advisable that a new will should contain a clause revoking all previous wills and codicils. Revoking a will means that the will is no longer legally valid.
Challenging a will
A person may want to challenge a will because:they believe that the will is invalid; or they believe that they have not been adequately provided for in the will. There are strict time limits for challenging a will and if you want to challenge a will, you should seek legal advice as soon as possible. Your local CAB can give you lists of solicitors. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Probate
If you are named in someone else's will as an executor, you may have to apply for probate so that you can deal with their estate.
For more information about probate, see Dealing with the financial affairs of someone who has died.
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