Can the terms of a will be changed after the person dies?

Yes. The estate's beneficiaries may decide for a number of reasons that they wish to amend the way in which assets in the estate are distributed. The reasons may include a potential tax saving, or to avoid risks to the estate assets in the event of care fees if a large sum is left to an elderly beneficiary, or avoiding the risk of double taxation in the event that a beneficiary dies shortly after they inherit. If the beneficiaries choose to alter or redirect their share of the inheritance, a Deed of Variation will be required. This can be done at any time after the death, but it will need to be signed within 2 years of the death. If it is signed after this point, then it will not be treated as valid for Inheritance Tax purposes, which can have significant implications on the estate's Inheritance Tax liability. A Deed of Variation cannot disinherit anybody unless they agree to it. We can advise on the merits of having a Deed of Variation and is very much dependent on the circumstances of not just the estate but also the beneficiaries.

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