If you’ve taken the necessary steps to create a will, you should be proud of yourself, as this is something essential that many people have put off for several reasons. However, many assume that whatever is written in the will is guaranteed to happen. While it is unlikely, it is possible to change the terms written in an estate planning document through a tedious process. If you want to know why it is possible to change a will, keep reading. You’ll also discover how a Washtenaw County wills attorney can help you create and draft your document.
Why Would Someone Want to Change a Will?
There are several reasons that someone would want to change a will after the creator passes away. In some instances, a beneficiary may not want to accept the inheritance left to them and does not care who receives that portion of the estate. To change the terms of the will, this beneficiary would have to sign a document called a deed of disclaimer. This means you are waiving your right to receive the inheritance, which puts the portion of the estate left to you in a residuary account to be distributed afterward.
Another reason someone may want to change a will is that they feel like someone was left out or received an unfair inheritance. This could be a group of siblings who feel like another is not receiving a comparable amount, or a grandchild was not included in the will, even though the creator frequently discussed updating their document to ensure the child receives an inheritance. To change a will for this reason, all beneficiaries must sign a deed of variation. This explains that the beneficiaries affected by the change agree to the terms.
When Is It an Issue to Modify a Will?
While rare, changing a will is completely acceptable in most instances. However, there are circumstances in which you cannot alter the terms outlined in this document, which include the following:
- If a beneficiary impacted is under 18
- If one beneficiary is not in agreement
- If someone not named in the plan tries to make a change
- Modifying the executor or guardians named in the document
Generally, these are the primary reasons a will is ineligible for changes. However, if none of these exceptions apply, you can make the desired changes to the estate plan. For the modification to be valid, there must be two witnesses present who are not named in the will.
When you need help comprehending the terms of your will, Collis, Griffor & Hendra are here to help. We understand this process can be complicated and overwhelming for many, so our dedicated legal team is ready to guide you through creating an estate plan. Contact us today to learn more about how we can assist you.
