Is It Possible to Change a Will After the Creator Has Passed?

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When you create a will, you may assume that whatever is written is set in stone. You may be surprised to learn that your plan can be changed following your passing. Though possible, it is not a simple process. Changing a will requires agreements and documents to change the terms and conditions of your will. If you’re looking to start planning your estate or have questions surrounding the process, you’ll want to ensure that you contact a Putnam County wills attorney to help you navigate any challenges you may have when you want to create or change a will.

Why Would Someone Want to Change a Will?

There are a number of reasons that someone may want to change a will. The two most common reasons are to decline the inheritance or change the proportions of the estate to include another beneficiary.

If a beneficiary wants to decline the gift left to them, they must sign a deed of disclaimer. If they are included in a shared inheritance, such as a group of siblings receiving their parents’ home, they must receive permission from their siblings to decline the portion of their inheritance. It’s also important to note that if someone wants to sign a deed of disclaimer, they must reject the entire gift. For example, if left with $10,000, they cannot accept $2,000 and decline the rest.

The other common reason one may want to change a will is if they feel like a sibling or grandchild did not receive a fair portion of the estate. For example, if a grandchild is born shortly before the creator’s passing, they may not be included in the document. The beneficiaries of the estate may know that the creator fully intended to amend the will. However, if they didn’t have the time, the beneficiaries may agree to change their inheritance to include the other parties through a deed of variation.

When Could This Be an Issue?

While it may seem simple enough to change a will, there are several complications that can impact the ability to make modifications. These include:

  • If a beneficiary is under 18 years old
  • Changing the executor or guardians named in the will
  • If a beneficiary does not agree to the changes
  • Someone not listed in the estate plan is requesting to make changes

If any of these stipulations apply, it will not be possible to change the terms included in the will. However, if none of these complications arise and everyone agrees to make the necessary changes, you can proceed. It is also important to note that you’ll need to have two witnesses present when signing a deed of variation. These witnesses cannot be included in the will.

When you have questions about creating or executing a will, you’ll want to contact the Law Office of Andres D. Gil. Our dedicated legal team understands how complicated the estate planning process can be. Our competent attorneys can help you navigate your will concerns with ease. Contact us today to learn more about how we can help you.

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