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
06
Nov

Winter Fuel Payments for the 2025-26 winter period

The Winter Fuel Payment is a familiar part of the support many older people receive e...

Read More
04
Nov

Have you verified your ID at Companies House?

From 18 November 2025, all company directors and people with significant control (PSC...

Read More
04
Nov

Claiming 4 years Foreign Income and Gains relief

The remittance basis of taxation for non-UK domiciled individuals (non-doms) was repl...

Read More
04
Nov

Check if you can cash in a Child Trust Fund

HMRC has issued a press release urging 18-23 year olds who have yet to claim their Ch...

Read More