Old Will and a Trust (England and Wales) UK

[lk07]

Hi
I was wondering if someone can help please. I have an old will that was drafted by the solicitors about 14 years ago with a trust. I need to update the will and trust (it is a trust upon death)

I had 3 questions.

1. Since I have a draft of the old will, Can I make changes (I just need to change the names of the trustees and executors in the will) and destroy / revoke the old will without the use of solicitors?

2. In the Trust document that was drafted with the will, again as above, i need to change a few names, everything else remains the same.

3. I dont see any trust that was created or registered; I have the trust document with the signature of witness etc... but the trust has not been registered with any bank or anywhere? Does the trust have to be registered? - The will says its the trust upon death - so I assume, it will be created pon the death? (and I cannot find old solicitor as she is no longer in the profession and not registered with the SRA)

Any help and advise will be greatly appreciated.

Thanks
LK07

[PallasAthena]

You don't need a complete new Will to change the names. You can just do a Codicil making the changes.

In general a Trust created in a Will does not have to be registered with anyone if it doesn't come into force until the testator dies. There is no central registry where Trusts are recorded or given a number. When the Trust does come into effect the trustees may need to notify HMRC when it will become registered with HMRC as a Trust and may have to submit tax returns. The trustees will likely have to open a bank account for the Trust as well.

[islandgirl]

PallasAthena just re the bank account issue - it is extremely difficult to get an account for a trust now. Very few banks will touch them. Any advice on that?

[PallasAthena]

Last time I did it it was a pain in the backside then, and that was 15 years ago. So I am not surprised. But sorry I have no solutions.

[atticus]

Take great care with diy. My advice is to consult a solicitor to have a new will drawn up that meets your present circumstances, needs and wishes.