In certain cases, your Will could be changed after you die, but specific conditions will need to be met and only a limited number of reasons could cause this to happen. These types of amendments must be agreed upon by the executor and beneficiaries involved and are usually settled outside of court. However, there is also the possibility that it could be contested by unwanted parties after your death. In this case, it’s not your Will that will be changed as such, but some or all of the instructions within it could be modified. In this guide, we’ll explain under what circumstances a Will can be changed or contested after death, and what you can do to reduce the chance of this happening.
How Can My Will Be Changed After I Die?
Although a deceased’s wishes tend to be honoured, there are situations where the executor or beneficiaries may be allowed to amend the Will. All beneficiaries, especially those who may lose out by the proposed changes, must agree by deed – known as a ‘Deed of Variation’ – and this must be completed within 2 years of the date of death. This isn’t an exhaustive list, but let’s have a look at the types of situations that may lead to beneficiaries wanting to change a Will.
- The Will is not up-to-date and the most recent children or grandchildren have been left out.
- Certain beneficiaries wish to create a trust or skip a generation to reduce inheritance tax liabilities.
- A certain beneficiary has a greater financial need than another, and all parties are happy to alter their share accordingly.
- A child has sacrificed his or her career to look after a parent and needs to be financially rewarded.
How Can My Will Be Contested After I Die?
It is possible that your Will could be contested after you die, and if successful, the courts could change the instructions of your Will – in effect, changing your Will. However, the courts won’t consider all claims, only those based on the following six grounds of contention:
- Lack of due execution
- Rectification and construction
- Lack of testamentary capacity
- Lack of knowledge and approval of the Will
- Undue influence or duress
- Fraud or forgery
For a more detailed look at what these grounds for contention mean and how a Will can be contested after death, please read our guide, ‘Can My Will Be Contested?’
How Can I Prevent My Will from Being Changed or Contested After I Die?
It may not be possible to completely safeguard your Will from being changed or contested after you die, but there are a few things you can do to limit the chance of either of these outcomes. Firstly, make sure your Will is up-to-date. As life goes on, circumstances change, and if your Will isn’t up-to-date your beneficiaries may look to make changes once you’re gone. We recommend having your Will reviewed every 5 years and we offer a FREE Will Review to make this easy for you. Secondly, when it comes to contesting your Will, it’s important you have your document written by a professional Will writer. If you try to do it yourself your family and estate could be at risk. DIY Wills often contain mistakes or exclude certain instructions or clauses that could invalidate your Will. To learn more about the dangers of making your own Will, please read out guide, ‘Should I Make a ‘DIY’ Will or Use a Professional Will Writer?’
Can My Mirror Will Be Changed After I Die?
If you and your partner have made Mirror Wills, it’s important to be aware that your partner can change their Will without telling you at any point whilst you are alive or after you have passed away. For example, if you die and your partner remarries, he or she may wish to change their Will to include his or her new family – thereby indirectly changing the instructions you included in your Will. Your children may end up getting none of their inheritance. One way to guard against this happening is to include a Life Interest Trust in your Mirror Will. Typically, this would mean that your share of the family home goes into Trust when you die and legally belongs to your children. However, your partner will still be able to live in and benefit from the family home or asset for the remainder of his or her life. This can be a good way to protect your children’s inheritance whilst also protecting your partner’s quality of life. To find out more about Life Interest Trusts, please read our guide, ‘What is a Life Interest Trust and Do I Need One?’
The Bottom Line
Although you may assume that your Will is set in stone, there is always a possibility that it could be changed or contested after you die. For example, if your Will is out of date and excludes recent family members, your beneficiaries may decide to amend your wishes. And if you write your own Will, mistakes could be made that leave it vulnerable to contention by unwanted parties. If you’ve made Mirror Wills with your partner, you should be aware that your partner could change his or her Will at any point, which could indirectly change your instructions. To safeguard against these outcomes, you should use a professional Will writer to make your Will, ensure it is kept up-to-date by taking advantage of our FREE Will Review at least every 5 years, and consider including a Life Interest Trust in your Will.
At Michael Usher Wills & Estate planning we’ve been helping our local community for over 30 years. We’re regulated members of the Institute of Professional Will Writers, so you can be confident that you’ll receive a high-quality Will designed to protect your family’s future. Our friendly team is always happy to chat with you for free about your Will and answer any questions. Call us on one of the numbers below or book your FREE consultation here. We look forward to helping you protect your assets, your family, and your legacy.
Camberley: 01276 691979
