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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A friend who has a terminal illness made a will leaving his

Customer Question

A friend who has a terminal illness made a will leaving his estate to his wife. He forgot to say he wanted 10 percent of his estate to go to nieces and nephews when his wife dies. Does he need a new will, or can he add a codicil asking his wife to do this for him in her will. She has not yet made a will. Please can you give me a definitive answer.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that your friend is still able to make either a new will or amendments to his will in his condition please?

Joshua :

From what you say I understand he wants to leave all or most of his estate to his wife but wishes to ensure that 10% of his estate then passes to his nieces and nephews after his wifes passing. Is that correct?

JACUSTOMER-3tuj1jm8- :

Yes, that is correct. He probably doesn't have the energy to go through making an entirely new will, but might manage a short codicil. He is also concerned that his wife hasn't made a will. If she made a will, could she put a clause in it to leave 10 percent of the value of her estate to go to her husband's nieces and nephews and to her nieces and nephews (10 or 15 percent total) who all live in Cyprus, one or two in Greece. She wants to leave the bulk of her estate to her niece who was born her and lives near them and who looks after them both. They don't want this niece to have to sell their house, which is the bulk of the estate, but for it to go to the niece so that she can either live in it or

JACUSTOMER-3tuj1jm8- :

or later sell it if that's what she wants to do. Sorry I didn't reply sooner, but there was a message to say there was some hitch abut the payment going through. I've only just looked again to find out that it did in fact go through to you. Thanks for your help. Look forward to a reply as soon as you can. Best Regards.

Joshua and 2 other Law Specialists are ready to help you
Expert:  Joshua replied 3 years ago.
Thanks for your rating. MayI also confirm that at present his wife has either not made a will at all or if she has, has not included a clause giving 10% to your friends nieces and nephews?
Customer: replied 3 years ago.

She has not made a will. I should add that they have the phone numbers and first names of the nieces and nephews who live in Cyprus and Greece, but they are all married and the females will have different last names. The will and the codicil should be as simple as possible. Thanks.

Expert:  Joshua replied 3 years ago.

thank you. Your friend has two principal options. The first is that he can leave things as they are and rely entirely on his wife to ensure that she makes will which incorporates provision for his nieces and nephews. the risk with this approach is that it relies entirely upon his wife to do so and she may of course either deliberately choose not to do so or simply fail to make a new will which incorporates such provisions, for example because she just keeps putting it off. there will therefore be no guarantee using this approach that his wishes would be carried out

the alternative is to either amend his will by way of a codicil or make a new will which incorporates a legacy to his nieces and nephews. if his estate is large enough to be able to fund such a legacy and still leave sufficient monies to his wife then this could simply take the form of an absolute gift payable on his passing; it is the state is not large enough to fund such a legacy and still leave his wife with sufficient capital, he could consider a life interest being granted to his wife, whereby she has the use of the capital during her life in relation to the amount of money he wishes to leave his nieces and nephews and after his wife's passing that the money passes to his nieces and nephews absolutely. either of these options can be incorporated into will either by making a new well or by preparing a codicil.

is there anything above I can clarify for you?

Customer: replied 3 years ago.

Thank you very much for your speedy reply. If he makes a codicil can he just say 10% of the value of my estate to go to my nieces and nephews in Cyprus and Greece, without giving names, or only giving first names and telephones? Can she do the same in her will? Best Regards.

Expert:  Joshua replied 3 years ago.
It is possible for him to simply name his nieces and nephews without specifically naming them however if he has a lot of nieces and nephews, he may do well to name them because it could potentially otherwise be costly to trace the relevant family members though this is only relevant if for example his wife or the family would not have the details relatively easily to hand

the same would apply in respect of his wife's will
Customer: replied 3 years ago.

Did you get my reply about the names and about whether his will leaving estate to wife is invalidated if she predeceases him since she too is unwell?

Expert:  Joshua replied 3 years ago.
No sorry I did not. Are you able to kindly repost?