A surprisingly asked question, which we answer regularly is whether a will can be changed after probate has been issued ? in short the answer is yes ! however the rules are very strict.
In summary there is something called a deed of variation. This is term given to the deed that enables the terms of the will to be varied. It must be in writing, and made within two years of the testator death and be in a signed deed.
Frequently it is used to mitigate against inheritance tax, for example can it be used to provide gifts to charities or maybe to ensure the spouse exemption is fully used. However in our experience it is often used when all the parties to the will are in agreement that the terms of the will should be varied or altered in someway. What is important is that all the parties named in the will who are varying their share MUST agree. Equally any party prejudiced by the amendment or variation must agree to the changes.
Typically, the changes are recorded in a Deed which typically refers to the original will, and explains the terms of the will being varied.
If you need help with a deed of variation, call Tim Murdenn 01482 429985 or e-mail tim.murden@tmsolicitors.co.uk
