The finality of a person’s last will and testament may seem set in stone, but the question of whether a will can be modified is one that often arises. In England & Wales, while the principle stands that a will reflects the testator’s (the person who has made the will or testament) final wishes regarding the distribution of their estate, certain legal mechanisms do exist that allow for changes under specific circumstances. This blog explores these exceptions and outlines the legal framework governing such modifications.
Understanding the Immutable Nature of Wills
Traditionally, a will is considered sacred, representing the intentions of the deceased. Upon death, the will’s stipulations regarding asset distribution, guardianship, and other personal wishes come into effect. The notion that a will can be altered post-death is, at first glance, antithetical to the purpose of having a will.
Exceptions to the Rule
However, English law provides for certain exceptions where adjustments to a deceased’s will can be made. These are primarily through:
- Family Provision: Under the Inheritance (Provision for Family and Dependants) Act 1975, if a will does not make reasonable financial provision for specific family members or dependants, the court can alter the will to ensure fair provision is made.
- Deed of Variation: Also known as a deed of family arrangement, this allows beneficiaries to redistribute their inheritance according to an agreement. All beneficiaries affected must consent, and the deed must be executed within two years of the death. This method is often used for tax planning purposes or to redistribute assets in a way that the deceased would have approved of but did not formalise.
Legal Considerations and Procedures
The process of altering a will after death is strictly regulated. A Deed of Variation must be drafted with precision, often requiring the expertise of a legal professional to ensure it meets all legal requirements and accurately reflects the parties’ intentions. Importantly, the reasons for altering a will can range from rectifying oversights to addressing changes in circumstances that the deceased could not have anticipated.
Ethical and Moral Considerations
While the law provides mechanisms for the future alteration of wills, such actions should not be taken lightly. The ethical implications of changing a deceased person’s final wishes require careful consideration. It is paramount that any modifications honour the spirit of the deceased’s intentions and are undertaken with full transparency and agreement among all affected parties.
Conclusion
In summary, while a will is meant to be a definitive statement of a person’s wishes upon their death, English law does allow for changes under specific conditions. Family provision claims and deeds of variation offer avenues for adjustments, but these are bound by strict legal and ethical standards. It is advisable for individuals considering such actions to consult with legal professionals to navigate these complex processes effectively and respectfully.
For further guidance and expert advice on wills and estate planning, visit thewillcentre.com.
