Can my will be changed after I die?
Here in the UK, we enjoy fairly unrestricted freedom to dispose of our assets in our wills in whatever way we wish. However, that freedom is not absolute.
Sometimes, not all of the wishes you may express in your will can be carried out. For instance, the executors you appoint to deal with the administration of your estate may decline to accept the role; your beneficiaries may reject any gifts which you decide to make to them.
In some cases, there may be individuals who feel disappointed that you have excluded them from your will. These people can potentially make a claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Under this legislation, it is possible for certain categories of people to make claims against your estate on the basis that you have not made reasonable financial provision for them.
But there are sometimes good reasons for changing a will. For example, the rules relating to the way certain assets are treated for tax purposes may change in between the making of your will and your passing away.
In such circumstances, it is possible to effect a post-death variation to achieve tax savings which will benefit those to whom you wish to leave your estate.
It is therefore important for you to obtain proper advice on the preparation of your will, including the possibility that your assets may be dealt with differently from how you would prefer.
At Hutton’s, our lawyers have many years of experience in advising on and preparing all kinds of wills, no matter how straightforward or complicated.
Whatever your circumstances, you will receive comprehensive advice and an expertly drafted will, tailored to meet your specific needs.Back To News & Insights