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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Joint will made in 2004. Husband died in 2008. I went to make

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Joint will made in 2004. Husband died in 2008. I went to make a new will or add a codicil only to be told I cannot alter it or make a new will? Can I go to another solicitors or what can I do.
clause causing problems which I didn't realize about is 'My husband ........ and I have agreed today to make similar Wills which will not be revoked or altered unless before either of us die we both agree to any such change'. I didn't ask for this wording and the home was mine am I now stuck with it for ever? I don't wish to move but would this break the clause for me? Help please I was completely astounded when told "I couldn't make a new Will or add a codicil"
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

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

Rightly or wrongly, you did sign what is called a "mutual Will" back in 2004. This means, as I am sure you are aware, that you both agreed at the time not to change the beneficiaries of your Will, whenever anything happens to you. In law, you are permitted to sign a new Will, but if you nominate different beneficiaries to the ones nominated in your existing Will, those beneficiaries in your existing Will would be entitled to sue your Estate for the loss of their inheritance.

As regards ***** ***** you are free to sell it if you so wish in th efuture and you are entitled to deal with your monies as you so wish. It is just the name of the beneficiaries in your Will which you are not permitted to change.

If you feel you signed the Will, without understanding the full implications, I would suggest that you speak to a different Solicitor to the one who prepared your Will, to see if your exisiting Will is valid.

I hope this assists you and sets out the legal position.

If so, I would be grateful if you could leave positive feedback.

Kind Regards

Al

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