Is it possible to change someone’s will after they have died?

Is it possible to change someone’s will after they have died?

It is possible for beneficiaries to change a gift in a person’s will so that the gift they receive goes elsewhere.  If there is no will, the estate is dealt with under the intestacy rules. However, changes can still be made in the same way as if there was a will.

In order to redirect a gift (whether under a will or the intestacy rules) it is necessary to prepare a Deed of Variation.

There are a number of reasons for changing the terms of a gift under a will or the intestacy rules, namely:

• As part of wider tax planning or estate planning;
• To provide for someone who was not originally included in the Will or would not inherit anything under the intestacy rules;
• To place assets in a Trust; or
• To resolve any issues relating to any uncertainty over the terms of the Will.

However, it is important that any changes to the terms of a will or the intestacy rules must be completed within two years from the date of death to take advantage of the ‘reading back’ provisions within the relevant legislation.

Normally only the original beneficiary and the new beneficiary need to be parties to the Deed of Variation. However, if the variation changes the inheritance tax position at all, then the executors will also need to be party to the variation.

Contact us

If you have any questions relating to changing a gift in a Will, please don’t hesitate to reach out to our Private Client team.