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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10411
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Good evening, Our father (93) when he

Resolved Question:

Good evening,
Our father (93) when he dies leaves in his Will his estate etc. to his 3 children (me being one) but I (58) am sadly a cancer sufferer and might die first! To stop my third being split between my sisters I and my sisters want a codicil added saying if we die our spouses get the proceeds. (We all have spouses.) A codicil we believe needs to be written. Our father mentally OK is on-board. Can we just write a codicil, get it witnessed by 2 independent people and attach to the existing Will (in existence since 1996 I think)? Any good website to download a codicil template?
Thank you.
Regards
Paul
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

In circumstances where one child has died before their parent, it would be normal for the parent's Will to cater for this situation, in that there would usually be a clause to say that if any child predeceases, his/her share should pass to his/her children.

Not sure if you have children, but you shold first find out what your Father's Will says in respect of the above.

Subject to the above, if you still require a codicil, this of course will need to be signed by your Father in front of 2 independent people (ie witnessed by a party who is not a beneficiary and nor the spouse of any beneficiary can act as witness).

Sample codicil-

http://www.wikihow.com/Write-a-Codicil

http://myplanwithcoh.org/downloads/COH_codicil.pdf

Please note the codicil, once executed, should NOT be stapled to the Will- you should never staple any extra document to a Will, and the codicil should just be placed with the Will.

I hope this assists and answers your question.

Kind Regards

Al

Customer: replied 2 years ago.

Hi,

Given your answer then there is no need to get a solicitor to undertake this task then?

No children for me or one of my sisters but the other has 2 which are written into the Will but as I am likely to precede my fathers death we want legally to make sure my wife gets what I would have. Of course should my wife die then the get it all.

Expert:  Aston Lawyer replied 2 years ago.

Hi Paul,

It's always best if you get a Solicitor to prepare the Codicil, and he and a secretary can act as witnesses, just so it is watertight. However, this is not essential.

(I thought from the wording of your original post that you were wanting to prepare the Codicil yourself).

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10411
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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