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

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

Why would anyone want to do this, surely a Last Will and Testament is just that?

There are many reasons, here are a few –

  • family circumstances may have changed since the Will was written
  • the Will is invalid or fails when submitted for probate (when the deceased person would be deemed to have died intestate (i. e. without a Will))
  • the Will is incorrectly or incompletely administered
  • activities called for in the Will have not been enacted
  • the beneficiaries simply want to pass their due inheritance directly someone else.

The answer is the Will (or intestacy if there was no valid Will) can be varied by the agreement of all the parties within the two years following the death.   The parties would need to execute a Deed (or Instrument) of Variation.

But remember time is of the essence.   Contact us for more information.

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