Can you change a will after death?

On the face of it, this sounds implausible. How can you change your will if you have died?

In reality, as long as any beneficiaries left worse off after any change, agree, you can change a person’s will after their death.

Any change must be completed within two years of the death.

The circumstances that such a change can be agreed are to:

  • Reduce the amount of Capital Gains Tax or Inheritance Tax payable,
  • Provide for someone who was left out of the will,
  • Move the deceased’s assets into a trust,
  • Clear up any uncertainty over the will.

Executors will need to make a variation to the will to accomplish the above, this will involve:

  • Preparing a variation document that satisfies certain legal requirements, and
  • If there is more Inheritance Tax to pay, a copy of the variation must be sent to HMRC within six months of making it. This condition does not apply if the variation does not change the amount of Inheritance Tax payable.

This ability to change a will after death can often resolve family disputes if the affected beneficiaries agree. However, the process is best managed by a professional advisor to ensure that all the formalities are dealt with correctly.

Latest Blog
21
May

Could your business survive a cyber-attack?

Cyber-crime is no longer a problem that affects only large corporations or internatio...

Read More
19
May

Business cash reserves under pressure

For many businesses, trading conditions remain difficult despite signs that inflation...

Read More
14
May

Future filing of company profit and loss accounts delayed

There has been considerable discussion over the past year regarding proposed changes ...

Read More
12
May

What the Middle East conflict could mean for UK businesses

The ongoing conflict in Iran and the wider Middle East is beginning to have economic ...

Read More