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Heritage Tree LogoCan a Will be Changed After Someone Dies?

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Posted on by Accel Admin
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There may be many reasons why you want to change your loved one’s will after they have passed away. It may be because you want to clear uncertainty or mistakes, add important people as beneficiaries, make the most of tax relief or exemption options, or otherwise. Follow along to find out whether your loved one’s will can be changed after they die and how a proficient Butler County will preparation attorney at Heritage Elder Law & Estate Planning LLC can help you navigate this situation.

What is allowed to be changed in a will?

Notably, you may be able to change your loved one’s will after they have passed on by creating and establishing a deed of disclaimer or a deed of variation.

First off, a deed of disclaimer may be used if you do not want to accept what has been left to you in a will, but do not mind who it goes to instead. With this, your gift will be added to your loved one’s residuary estate, which is then given to the individual set to inherit it as stated in the will. With this document, you will not need to get permission from other beneficiaries, unless the gift in question is one that is shared jointly amongst all of you. In addition, you cannot refuse a portion of your gift, but you must refuse it entirely. And in signing this document, you will need two competent witnesses present.

Secondly, a deed of variation may be used if you are inheriting something in your loved one’s will but you want to change some things. With this, every beneficiary who is affected by your proposed changes has to agree to them. Again, in signing this document, you will need two competent witnesses present.

What can I not change about my loved one’s will?

However, it is important to note that a deed of disclaimer or a deed of variation cannot change certain aspects of a will. Examples of this include the following:

  • These documents cannot remove or change the share of a beneficiary if they do not agree to it.
  • These documents remove or cannot change the share of a beneficiary if they are under the age of 18.
  • These documents cannot remove or change the executors or guardians who are named in the will.
  • These documents cannot give you a bigger share of the estate if it is not given to you and agreed upon by another beneficiary.
  • These documents do not allow changes to be made by an individual who is not mentioned in the will.

If you have any questions regarding the edits being made to your loved one’s will, then you must not hesitate in reaching out to one of the talented Butler County estate planning & probate attorneys today.

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