Can you change a Will after someone has died?

Generally, no, it is not possible to change a Will after somebody has died if you simply don’t like what the deceased decided to do with their estate. However, there are some circumstances where it is possible to seek to redistribute the estate among the beneficiaries. 

Redistributing a Will

You can apply for a Deed of Variation, which is a tool used to rearrange the distribution of an estate.  A beneficiary can decide to redistribute their share in the estate or combine with other beneficiaries to redistribute their collective shares.

For example, the beneficiaries may decide to make the distribution more even or uneven.  If the Will directed that the estate be divided equally among all the children, the children may feel one of them should be given more and so use a Deed of Variation to create an uneven distribution.  This could be for various reasons, such as one child was a primary caregiver to the deceased later in life and the others want to recognise this.  It might be that the children don’t feel comfortable with one being recognised differently in the Will and want an uneven distribution to be changed to an even distribution.

If the deceased died without a Will then natural children would be entitled to a share in the estate but stepchildren would have no such right.  A Deed of Variation could correct this and included stepchildren in the estate.

Why is a Deed of Variation required at all?

There are a number of tax reasons where having the estate distributed by the deceased, rather than by the beneficiaries, is useful.  For example, if the deceased has left their entire estate to the surviving spouse, the children may initially want to wait until the surviving spouse passes away before benefiting.  However, it may be useful to take advantage of Inheritance Tax thresholds now rather than waiting.

There are a number of reasons why a Deed of Variation may be required.  However, the most efficient way would have been for the deceased to consider these issues while still alive.  Our solicitors will take the time to have these conversations with clients before drafting a Will, meaning many of these problems can be avoided in the first place.

Can you Change a Will After Someone has Died – conclusion

If a Deed of Variation is required, it must be created within two years of the death of the deceased.  There are a number of other conditions that must be met and our solicitors can discuss the individual circumstances of each estate with the beneficiaries.  If you think a conversation regarding a Deed of Variation would be useful, or generally about a Will, get in touch.