I would be interested in having someone else’s view on this.
I am dealing with an estate where there is a Will which appoints the deceased’s wife as sole Executor and leaves everything to her. The Will provides for a substitute Executor - one of the deceased’s sons (H), should she have predeceased.
I have recently been provided with, what the client described, as an “addendum to the Will”. However, on the face of it, it is actually a validly executed codicil. It calls itself such. However, it does not reconfirm the existing Will, nor does it seek to change the terms of the previous Will, it just refers to the wish for the other children to be involved in the execution of the Will.
The document has been signed by both the deceased and his wife in the presence of two independent witnesses.
I have taken the view that it needs to be submitted to probate with the Will. Does anyone disagree? Does the fact that both individuals have signed the same document have any bearing?
Martin, it is one of those situations where really the document would best have been just a letter of wishes but as it is described as a codicil and has been properly executed, it needs to be submitted with the Will even though it will have no legal effect, as regards, the administration of the estate. It would seem that the reference to “execution of the will “ should’ve been “administration of the will “. It would now be best if the survivor was advised that if she wants the other members of the family to be involved in the administration of the estate then she should appoint them as additional executors. Including a wish, like this only leads to confusion and disagreement, since the executor must be allowed to administer the estate without others, putting their pennyworth in! The fact that both signed the codicil does not feel affect its validity, but of course once submitted, It is not likely to be returned for use by the survivor, which In view of what I have said, is probably the best in any case!