Specialist solicitors – we can help you change the division of your loved one’s estate
When a person dies, their will sets out how their estate should be divided. But what happens if circumstances change, family members disagree, or the will doesn’t reflect what the family believe is fair? Many people ask whether a will can be changed after death. The short answer is: sometimes – but only in limited ways and under strict legal rules.
This page explains the main situations in which changes may be possible, including the role of executors, joint and mirror wills, living trusts, and deeds of variation. So, can a will be changed after death?
Looking to vary the division of the estate under a will? Call our highly experienced Probate Solicitors on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – with absolutely no strings attached.
Can an executor be changed after death?
The executor is the person named in the will to deal with administration of the estate and the probate process– gathering assets, paying debts, and distributing what’s left to the beneficiaries. Once the person making the will has died, you cannot change the executor named in the will.
However, there are some important exceptions:
- Renunciation: If the named executor does not want to act, they can formally renounce their role. In that case, another executor (if named) or another suitable person can apply to take over.
Click here to find out more about renunciation of probate - Replacement by the court: If an executor is acting improperly – for example, failing to carry out their duties, delaying the administration, or misusing estate funds – beneficiaries can apply to the court to have them removed and replaced.
- Reserve or substitute executors: Sometimes wills name backup executors. If the first choice is unable or unwilling to act, the substitute steps in.
So, while the named executor cannot simply be swapped by the family after death, there are legal ways to change who is in charge if things go wrong.
Can you change a joint will after someone dies?
Joint wills – where two people (often spouses) make one will together – are rare today. They are usually legally binding once the first person dies. That means the survivor cannot change their mind later.
This can create difficulties. For example, if a husband and wife make a joint will leaving everything to each other and then to their children, the surviving spouse may be prevented from changing the arrangements if circumstances change – for example, if one child becomes estranged or financial needs change.
The important point is that with a true joint will, the survivor is usually bound by what was agreed – normally, a surviving spouse cannot change a joint will. If you are in this position, it is essential to take specialist legal advice, as options are very limited.
Can a mirror will be changed after death?
Mirror wills are far more common than joint wills. A mirror will is where two people – again, often a couple – make separate but almost identical wills, usually leaving everything to each other and then to their children.
Unlike joint wills, mirror wills are not legally binding contracts. Each person is free to change their will at any time during their lifetime.
However, once one partner dies, the survivor cannot change the deceased’s will. They can only change their own will going forward. That means they may alter who inherits their estate, but they cannot rewrite what has already been set in stone by the first partner’s will.
This difference between joint wills and mirror wills is crucial. With mirror wills, flexibility remains for the survivor – but not for the estate of the person who has died.
Can a living trust be changed after death?
Some people set up a living trust during their lifetime, either to manage assets or to pass them on outside of probate.
If the trust is revocable (meaning the person who set it up can change or cancel it while alive), it becomes irrevocable when they die. That means the terms of the trust usually cannot be altered after their death.
In contrast, with an irrevocable trust, no changes can be made even during the person’s life, unless all beneficiaries agree and the law allows it.
After death, trustees must follow the instructions of the trust as written. The only exceptions are if there is a drafting error that needs to be corrected by the court, or in some rare cases where beneficiaries all agree and a court approves a variation.
What is a deed of variation of a will?
A deed of variation is a legal document that allows beneficiaries of a will (or intestacy, where there was no will) to change how the estate is distributed. It effectively “rewrites” part of the will as though the person who died had written it that way originally.
For example:
- If one beneficiary wants their share to go directly to their children, they can redirect it by deed of variation.
- If the will did not make financial sense for tax reasons, the beneficiaries may agree to change the distribution to reduce inheritance tax.
Key points about deeds of variation:
- All beneficiaries affected must agree in writing.
- It must be signed within two years of the date of death.
- It can change who benefits, or how much they receive.
- It cannot be used to alter the executors named in the will.
Deeds of variation can be very useful tools to adapt to changing family circumstances or to save tax, but they require proper legal drafting to be effective.
