Our Probate Services

Changing a Will after Death

As expert probate solicitors, we have dealt with many grieving families who have an out-of-date or poorly drafted Will of a deceased loved one or have other reasons for needing to make changes. In certain cases, you can change a Will after death. If all beneficiaries agree, a Deed of Variation can be filed that allows the beneficiaries to change how the estate is distributed, potentially altering the terms of the will. This might be done for various reasons, such as tax planning or to provide for someone not included in the original will.

It is vital to speak to us as soon as possible if you feel you need to make changes to a Will as the Deed of Variation must be made within two years of the date of death. If an asset such as a property has already been sold when the Deed is created, the sale proceeds can still be transferred to the new beneficiary named in the Deed of Variation.

How We Can Help

As expert probate solicitors, we have dealt with many grieving families who are dealing with the out-of-date or poorly drafted Will of a deceased loved one.

 

Please note that if you wish to change a Will after death there are strict time limits. If someone has died and you need immediate help, call us on 01273 604123 or email us at enquire@bbc-law.co.uk.

Probate
Your Free Guide

Probate

As expert probate solicitors, we talk to many families who are coping with the loss of a loved one at the same time as trying to deal with the legal process of probate. When many of our clients first call us, they often ask if they really need a solicitor for probate.

Frequently Asked Questions

Who can change a Will after death?

Beneficiaries affected can choose to change their part of the estate. For example, if your parent has left you and your sibling a share in a property, you can elect someone else, such as your child, to receive your share. There are complications if the variation involves persons under 18 or who have a mental disability, so it’s best to contact a trusted solicitor if you need to make changes to a Will.

What is an executor?

An executor is the person or people named in a Will responsible for managing the deceased person’s estate. Executors have a legal duty to act in the best interests of the estate and its beneficiaries, ensuring that the deceased’s wishes are carried out correctly and efficiently.  If the deceased did not leave a Will, an administrator may be appointed to perform similar duties. They must:

  • Calculate how much the estate is worth
  • Apply to the Probate Registry for a Grant of Probate
  • Pay inheritance tax before they receive the Grant if the estate is large enough
  • Deal with the assets, closing accounts, transferring assets, dealing with property and pay off debts
  • Distribute the remaining assets according to the Will.
Can a spouse change a Will after death?

In the UK, a spouse cannot directly change a deceased person’s Will after their death. However, there are a few ways in which a Will’s outcome might be altered under certain circumstances:

  • Legal Challenge: A spouse might challenge the Will if they believe it does not make reasonable financial provision for them. Under the Inheritance (Provision for Family and Dependants) Act 1975, they can apply to the court for a portion of the estate, especially if they were financially dependent on the deceased.
  • Intestacy Rules: If there is no Will, the estate is distributed according to the rules of intestacy, which might benefit the spouse differently than a Will would have.

While a spouse cannot rewrite the Will entirely, there are ways to offer some flexibility in how the estate is distributed. A spouse has the option to give up part or all of their share as stated in the Will, or, under the rules of intestacy, they can choose to redirect some or all of the estate to others, such as a child. This allows for a more personalised approach to honouring the wishes of loved ones.

Can an executor change a Will after death?

Executors cannot change a Will after the person’s death. The role of the Executor is to carry out the wishes of the deceased as outlined in the Will, not to alter them. The Executor has a legal duty to administer the estate strictly according to the terms of the will. But in some cases, all the beneficiaries can agree to alter the Will, and then a Deed of Variation must be filed. 

Can you change the executor of a Will after death?

You cannot change the executor of a Will after death, but the executors are entitled to seek professional advice to help them in their duties.

A solicitor can help you navigate the probate process, helping you understand what needs to be done and the deadlines that must be met. At Burt Brill & Cardens, we know that one legal service doesn’t fit all — every family and client is unique. Because of that, we tailor our services to what fits you best.

We can work with an executor who wants active involvement such as clearing the property, dealing with utility bills and distributing items left to individual beneficiaries. Alternatively, you may find yourself in a position where you need a more hands-on approach from us where we can help with everything. We provide additional services, such as helping with the funeral arrangements, collecting and distributing assets amongst the beneficiaries and arranging the cleaning of the property. 

Can I write my own Deed of Variation?

You can try to put together your own agreement, but you risk landing yourself in serious trouble if you do not pay the correct tax to HMRC. As is always the case with probate, if you manage it yourself you will be financially responsible for any errors you make. HMRC is taking an increasingly hard line against errors in forms that cover inheritance tax. If you make a mistake, the penalties can be harsh. Read more about Probate and your responsibilities.

There are also important decisions that need to be made for Income and Capital Gains tax, as well as understanding the effect that the Deed will have on the inheritance tax owed and the inheritance tax position of the old and new beneficiaries. We can advise on this.

Does a Deed of Variation need to be registered?

A Deed of Variation is a legally binding agreement between the executors and beneficiaries of a Will that must be signed, but it does not need to be registered. HMRC may need to be notified, and if the Deed of Variation is regarding property, the Land Registry should be updated. The best way to understand your obligations around a Deed of Variation is to speak to an experienced solicitor. You can call our team on 01273 604123.

How long does a Deed of Variation take?

Much of the time spent preparing a Deed of Variation involves thoughtful discussions, giving the executors and beneficiaries the space they need to explore their options and reach a decision. After we’ve provided advice on the effects of the Deed, it’s natural for everyone involved to take time to consider the matter and come to an agreement. If there are concerns about the mental capacity of beneficiaries, or if children are involved, you should allow extra time for the additional work required. Once everyone is clear on what they wish to achieve, our experienced solicitors can quickly draft the Deed, ensuring any tax implications or potential issues are carefully addressed before finalising everything.

Stephanie Batts

Stephanie is Head of Probate within our Private Client Department. ​​She has a caring and compassionate approach to clients, with a dedication to client care, helping our probate clients get through a challenging time with ease.

Read More About Stephanie
Incredibly on the ball, welcoming of any queries, patient and prompt with all concerns…there has been no need to chase or prompt as everything has been handled efficiently and professionally.
Contact

Get in touch

Speak to one of our solicitors today. We would love to hear from you and discuss any legal issues you may have and how we can assist you.

Find Us

30 Old Steine, Brighton, BN1 1FL