Can A Will be Changed After Death? Deed of Variation
Published / Last Updated on 16/10/2024
The simple answer is “No”, a Will cannot be changed after death. The Will comes into force on death detailing the deceased’s last wishes for their funeral, distribution of the estate and other matters such as appointing executors and trustees, guardians of minor children, trusts and charitable donations.
If you are a Child or Spouse and you have been excluded from the Will (either deliberately or by accident), you can contest the Will but it must be through the Courts. See Contest a Will
Deed of Variation
Just because a Will cannot be changed after death does not make it a ‘closed’ position as a beneficiary can change their entitlement in a Will after the person has died. This is known as a “Deed of Variation”. This is a separate legal document signed by the beneficiary(ies) and witnessed as a deed that changes or redirects their distribution entitlement or specific amount to go to another e.g. their children/grandchildren.
Sometimes, if the executors or trustees of the Will or other beneficiaries may need to agree to the change if it affects them.
Why Change with a Deed of Variation?
- You may wish others to benefit if you do not want or need the legacy.
- It may be changes are beneficial for reducing inheritance tax.
- It may be that new children or grandchildren have been born after the Will was drafted meaning they are omitted from the Will and you wish to include them.
What Changes Can Be Made with a Deed of Variation?
- Redirect some or all your inheritance legacy to another.
- Set up a trust.
What Changes Cannot Be Made with a Deed of Variation?
- Reduce another beneficiary(ies) entitlement (without their consent).
- Give yourself a larger share of the estate.
- Change the executors and trustees of the Will or the guardians of minor children (only they or a court can do this).
2 Year Deadline for a Deed of Variation
If you wish to change part of the Will or beneficial entitlement/interest, you must do this within 2 years of death.
HMRC Needs To Know
You must send a copy of the Will and the Deed of Variation to HMRC so that they can ensure the change is legal and that all inheritance taxes are paid correctly.
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