You’ve just lost someone close to you, and now you’re managing their estate. They left a will—but something doesn’t feel right. Maybe a beneficiary was left out. Maybe life has changed since the will was written. More people ask the same question than you might expect: can a will be changed after death?
Most people believe a will becomes final the moment someone passes away. But under UK law, you can sometimes change parts of a will—even after death. The rules are strict, but the process is legal. Many families don’t realise this, especially during grief, which leads to confusion at an already difficult time.
Key Take-a-Ways
- Learn whether the law allows anyone to change a will after death.
- What a Deed of Variation is, and how it works
- Who has the authority to change a will
- Discover which changes the law permits and which ones it does not.
- How changes can affect probate and inheritance tax
- Common reasons for making changes after someone dies
- Understand how long the law allows you to make changes after someone dies.
- Practical examples and real-world scenarios
- When a Deed of Variation might not be the right option
- Why professional legal advice is crucial
At DMA Law, we regularly help families across North East England navigate will disputes, estate planning, and probate issues. With decades of experience, our solicitors provide practical, expert advice tailored to each family’s needs.
In this guide, we’ll walk you through everything you need to know about changing a will after death. From legal routes like a Deed of Variation to understanding who can request changes and why. We’ll also explain when it’s not appropriate to alter a will and how to avoid common mistakes.
Can a Will Legally Be Changed After Someone Dies?
Yes, you can legally change a will after someone dies—but only if you meet specific conditions and follow recognised legal processes. In the UK, the most common and accepted way to do this is by using a legal document called a Deed of Variation.
While a will sets out the deceased’s wishes, the law allows some flexibility in carrying them out. If everyone affected by the change agrees and completes the process correctly, they can alter the outcome. This proves especially helpful when family circumstances change, asset values shift, or sensible planning could reduce inheritance tax.
What Is a Deed of Variation?
Beneficiaries of a will (or an intestate estate) use a Deed of Variation to formally modify how they distribute the estate after someone dies.
This doesn’t mean anyone can rewrite a will entirely. Instead, a Deed of Variation enables beneficiaries to:
- Redirect their share of the inheritance to someone else
- Include a person or charity who wasn’t originally named
- Adjust the division of assets to reflect current circumstances
- Help reduce Inheritance Tax (IHT) liabilities legally
A Deed of Variation doesn’t rewrite the original will. Instead, it alters the outcome of the will (or intestacy rules) with the agreement of the relevant parties. HMRC treats the change as if the deceased made it, which helps with Inheritance Tax (IHT) planning and other legal benefits.
Its legal purpose is to give beneficiaries flexibility. It can correct oversights, update arrangements to reflect family changes, or resolve potential disputes without going to court. Everyone affected must sign the deed, and the parties must complete it properly for it to be legally valid.
The key requirement is that all beneficiaries affected by the change must agree to it, and the deed must follow specific legal rules. We’ll explore these in more detail shortly.
Requirements for a Valid Deed of Variation
To be legally valid, a Deed of Variation must meet strict conditions. These include:
- Written form: You must put the deed in writing as a formal legal document—it cannot be a verbal agreement.
- Signed by all affected beneficiaries: Everyone giving up or altering their inheritance must agree and sign the deed.
- Completed within two years of the date of death if the changes are to affect inheritance tax or capital gains tax.
- State specific tax intentions: If the variation affects tax treatment, you must explicitly state this under section 142 of the Inheritance Tax Act 1984.
- No exchange for payment: You must not make the variation in return for money or any form of compensation.
Practical Example:
Michael leaves a will naming his two children as equal beneficiaries. His daughter wishes to redirect her share to her own son (Michael’s grandson). All involved parties create and sign a Deed of Variation, redirecting the funds. If done within two years of Michael’s death, the tax treatment will follow the new arrangement.
Common Reasons for Using a Deed of Variation
There are several common and practical reasons for beneficiaries to request a Deed of Variation:
- Inheritance Tax Planning: Redirecting assets to other individuals or charities to reduce IHT liability.
- Including someone left out: You can include someone left out by adding a family member or dependent who the will didn’t originally name.
- Changing asset distribution: Adjusting shares to reflect current financial or family circumstances.
- Passing assets to the next generation: A child might pass their inheritance directly to their own children.
- Charitable giving: Beneficiaries may wish to include a donation to charity for personal or tax reasons.
- Resolving disputes: A variation can settle disagreements between beneficiaries without the need for court involvement.
Who Can Change a Will After Death?
No one can unilaterally change a will after the testator (the person who made the will) has died. However, under certain conditions, those who stand to inherit from the estate can agree to modify the distribution—using a Deed of Variation.
To change a will after death, the following must apply:
- All affected beneficiaries must agree to the change—not just one.
- The person proposing the change must hold the legal right to inherit under the original will or intestacy rules.
- No one may make the change in exchange for payment or any other benefit.
Here are some of the most common questions we get around this topic.
Can My Wife Change My Will After I Die?
No—your spouse cannot change your will on their own once you’ve died. However, if she is a beneficiary under the will, she can agree to redirect her own share of the inheritance through a Deed of Variation.
For example, she could choose to pass part of her inheritance to children or grandchildren, or even donate part to charity. But she cannot alter what others receive, and she cannot change the will without the consent of everyone affected by the proposed change.
Can Beneficiaries Change a Will After Death?
Yes—beneficiaries can change a will after death, but only their own share and only if all affected parties agree. You must use a valid Deed of Variation to make this change.
Beneficiaries may choose to:
- Redirect their inheritance to someone else (e.g., a child or charity)
- Adjust the division of assets with the agreement of other beneficiaries
- Address perceived imbalances or oversights in the will
They cannot change the will in a way that impacts someone else’s entitlement unless that person also agrees in writing.
Can an Executor Change a Will After Death?
No—an executor does not have the authority to change a will simply because they manage the estate. Their job is to carry out the deceased’s wishes as set out in the will.
However, an executor can be involved in a Deed of Variation if:
- They are also a beneficiary and agree to change their own share
- They are asked to implement changes approved by the beneficiaries
An executor must remain neutral in disputes and cannot override the will unless there is mutual agreement between all involved parties.
Who Has Legal Authority to Change a Will?
- Only beneficiaries can propose and agree to changes through a Deed of Variation.
- Every person affected by the change must consent and sign the legal document.
- Executors have no power to change the will without full beneficiary agreement.
- The court can only change a will if someone legally challenges it through a separate process, such as an Inheritance Act claim.
Changing Executors After Death
The appointment of an executor is a key part of the will. The executor is responsible for managing the estate, applying for probate, paying debts, and distributing assets. But what happens if there’s a problem with the executor?
Can You Use a Deed of Variation to Change the Executor?
You cannot use a Deed of Variation to change the executor named in a will. The role of executor is legally separate from how the estate is distributed, so you cannot alter this appointment through a variation.
However, you can replace or remove an executor after death in certain situations.
When Can an Executor Be Replaced or Step Down?
You may change an executor if:
- They renounce their role voluntarily before applying for probate, using a legal document called a renunciation.
- They reserve their right to act later, known as power reserved.
- They are unable to act, due to illness, incapacity, or death.
- The court removes them, typically for misconduct or failure to carry out their legal duties.
If there are multiple executors, the remaining ones can usually continue without interruption. If none can act, a beneficiary may apply to become the administrator.
- They voluntarily renounce their role before applying for probate (using a legal document called a ‘renunciation’).
- They reserve the right to act later (called “power reserved”).
- They become unable to act, due to illness or death.
- The court removes them, if they are acting improperly or refusing to carry out their duties.
If there are multiple executors, others can still proceed with probate if one steps aside.
What If There Is No Suitable Executor?
If no executor is available or willing to act, a suitable person (usually a beneficiary) can apply to the Probate Registry to act as an administrator. This ensures the estate is still properly managed under the law.
How Long After Death Can a Will Be Changed?
A will can be changed within two years of the date of death using a valid Deed of Variation. This two-year deadline is crucial if the purpose of the change is to affect Inheritance Tax (IHT) or Capital Gains Tax treatment.
The two-year period starts from the exact date of death. As long as the Deed of Variation is completed and signed within this window—and all legal requirements are met—it can be treated by HMRC as though the changes were made by the deceased themselves.
This allows beneficiaries to:
- Redirect assets to reduce tax liability
- Pass assets to a charity to claim tax exemptions
- Claim unused nil rate band or residence nil rate band
If you’re unsure whether you’re within the deadline, it’s vital to get legal advice early. Contact us for help.
What Happens If You Miss the Deadline?
If the two-year limit passes, you can still make changes to your own share of an inheritance. However:
- HMRC will not recognise the change for tax purposes
- You may lose the chance to reduce inheritance tax or claim tax relief
- The variation might not affect how HMRC taxes the estate.
- You may need to pursue more complex legal solutions, such as applying to the court.
If you’re close to the two-year mark, it’s essential to seek advice from a solicitor straight away.
Deed of Variation and Probate
You can create a Deed of Variation either before or after the court grants probate. Although probate and a Deed of Variation often happen around the same time, they are legally separate processes.
Probate proves the will and authorises the executor to manage the estate. A Deed of Variation changes how beneficiaries receive the estate but doesn’t influence whether probate is necessary or who can apply for it.
Can You Change a Will After Probate?
Yes, you can change a will after probate, as long as you complete the Deed of Variation within two years of the death and meet all legal requirements.
However, once the court grants probate, some distributions may already be underway. In that case:
- Apply the variation only to the remaining estate, or
- Ask affected beneficiaries to agree and return or redirect their inheritance as part of the variation
No law prevents you from using a Deed of Variation after probate. But the longer you wait, the more complex the process becomes—especially if you’ve already sold or distributed assets.
Practical Considerations
- Timing: Always act within the two-year window for tax purposes.
- Communication: Inform all affected beneficiaries and secure their agreement before making any changes.
- Legal advice: Involving a solicitor helps avoid errors that could invalidate the Deed or create tax problems.
- Record-keeping: Keep clear records of any variation made after probate and disclose it to HMRC if it affects tax matters.
Deeds of Variation and Inheritance Tax (IHT)
A Deed of Variation helps beneficiaries reduce or manage Inheritance Tax (IHT) liability. When they complete it correctly within two years of the death, HM Revenue and Customs (HMRC) treats the changes as if the deceased made them. The estate is taxed based on the new distribution. Not the original will or intestacy rules.
By redirecting assets strategically, beneficiaries can reduce the amount of IHT payable, make use of exemptions, or avoid pushing others over the nil rate band threshold.
Practical Examples of IHT Savings
Example 1: Gifting to Charity
Anna inherits £100,000 under her late father’s will. She chooses to redirect £25,000 to a registered charity using a Deed of Variation. That £25,000 is now exempt from IHT, and if the total charitable donation reaches 10% of the estate, it could reduce the IHT rate from 40% to 36%.
Example 2: Passing Assets to the Next Generation
David inherits £250,000 from his mother’s estate. He’s financially secure and chooses to redirect £150,000 to his two adult children. This reduces the size of David’s own estate (which may later attract IHT) and moves the wealth down a generation immediately, without using his own nil rate band.
Example 3: Equalising Inheritance
Emily and Ben inherit unequal shares under their aunt’s will. To avoid tension and reduce tax, Emily signs a Deed of Variation to split her larger share equally with Ben. This keeps each inheritance below the £325,000 nil rate band, avoiding unnecessary tax.
The Transferable ‘Nil Rate Band’ (H3)
Every individual has a nil rate band—an amount of their estate (currently £325,000) that’s not subject to IHT. If someone dies and doesn’t use up their allowance—for example, by leaving everything to their spouse—the unused portion can be transferred to the surviving spouse or civil partner.
This is known as the transferable nil rate band. Together, a married couple or civil partners can pass on up to £650,000 tax-free.
When using a Deed of Variation, careful planning can ensure this unused allowance is preserved or maximised. For example, redirecting an inheritance to children may help reduce the IHT due on the second partner’s estate. Our team will help guide you for the best possible outcomes.
Process: How to Make a Deed of Variation (Step-by-Step)
Creating a Deed of Variation is a formal legal process. While it may seem straightforward, mistakes can make the variation invalid—especially where Inheritance Tax or Capital Gains Tax is involved. Below is a clear, step-by-step guide to help you understand the process from start to finish.
Step 1: Confirm Eligibility
- Ensure the person proposing the change is a beneficiary of the estate.
- Check that the change affects only their share of the inheritance.
- Confirm the two-year deadline from date of death has not passed (for tax benefits).
Step 2: Get Everyone’s Agreement
- Any beneficiary whose share is affected by the proposed change must agree to the variation.
- The agreement must be in writing and signed by all relevant parties.
Step 3: Draft the Deed of Variation
- The document must:
- Clearly state it is a Deed of Variation
- Outline the original distribution and the new arrangements
- Include a statement of intent for tax purposes, if needed (under s.142 Inheritance Tax Act 1984)
- Be dated and signed by each beneficiary giving up or changing their entitlement
- Clearly state it is a Deed of Variation
A solicitor should draft or review the deed to make sure it complies with legal standards and tax laws.
Step 4: Include Required Information
- You will need:
- A copy of the original will (or confirmation of intestacy)
- Details of the estate and its valuation
- Information about the beneficiaries involved
- Any relevant tax forms, such as IHT100 if the variation affects tax liability
- A copy of the original will (or confirmation of intestacy)
Step 5: Submit to HMRC (If Necessary)
- If the Deed of Variation affects Inheritance Tax or Capital Gains Tax, it must be sent to HMRC.
- Include the correct tax forms and declarations.
- If there is no impact on tax, you do not need to send it to HMRC, but you should still keep it with the estate records.
Step 6: Notify the Executor or Administrator
- While executors do not need to approve the deed, they should be notified.
- If probate has not been granted, they may wish to delay distribution until the variation is finalised.
- Executors must use the new instructions when distributing the estate.
Step 7: Keep the Deed for Your Records
- Keep the signed and dated Deed of Variation with other probate documents.
- Solicitors often store a digital and hard copy.
- It may be needed later for tax or legal purposes.
Engaging a solicitor early in the process can help you avoid costly mistakes and ensure the variation is legally valid. At DMA Law, we have extensive experience helping clients in the North East draft and register Deeds of Variation quickly and correctly.
Additional Resources and Helpful Links
If you’re considering changing a will after death or creating a Deed of Variation, the following official resources and guides may be helpful:
- GOV.UK – Change a Will After a Death (Deed of Variation)
Official government guidance on using a Deed of Variation. - HMRC – Inheritance Tax and Deeds of Variation
Information from HM Revenue & Customs on how Deeds of Variation affect inheritance tax. - DMA Law – Probate and Estate Administration Services
Professional support with wills, probate, Deeds of Variation, and estate disputes across the North East. - GOV.UK – Probate and Inheritance Tax Forms
A full collection of IHT and probate-related forms for individuals and legal professionals.
Wrapping Up
Changing a will after death is possible, but only under strict legal conditions. A Deed of Variation allows beneficiaries to update the distribution of an estate—often to resolve disputes, support family members, or reduce inheritance tax.
All affected parties must agree to make the deed legally valid, and they must sign it within two years of the death. You can complete the process without going to court, but you must follow it carefully to avoid tax issues or legal challenges later.
At DMA Law, we support families throughout North East England with clear, friendly advice on wills, probate, and estate matters. Whether you’re dealing with a recent bereavement or need help managing a complex estate, we’re here to guide you through every step.
Get in touch with our probate specialists today for tailored advice on whether a Deed of Variation is right for your situation. We’ll make sure everything is handled correctly—and with care.
