Can a Will Be Changed After Death?

A last will and testament is a legally binding document that outlines how a person’s assets should be distributed after their passing. Once the testator (the person who created the will) dies, the will generally becomes final. However, certain legal circumstances may allow for modifications, challenges, or even revocation of specific provisions. 

In Pennsylvania, altering a will after death is a complex legal issue that depends on factors such as probate laws, beneficiary agreements, and potential legal disputes. You should get legal help from a knowledgeable PA estate planning attorney to achieve the best possible outcome in these cases. 

General Rule: A Will Cannot Be Changed After Death

Under Pennsylvania law, a validly executed will generally remains in effect as written after the testator’s death. The probate court enforces the terms of the will, ensuring that the estate is administered in accordance with the decedent’s wishes. Because the testator is no longer alive to make amendments, the will cannot be changed, rewritten, or otherwise modified after death.

However, there are limited exceptions where changes can occur based on legal grounds or the actions of beneficiaries and heirs.

Exceptions That May Alter a Will After Death

Will Contests and Challenges

Interested parties, such as heirs or beneficiaries, may challenge the validity of a will in Pennsylvania probate court under certain legal grounds:

• Lack of Testamentary Capacity: If the testator wasn’t of sound mind when creating the will, it may be deemed invalid.
• Undue Influence: If someone pressured or manipulated the testator into changing their will, the court may void or alter it.
• Fraud or Forgery: If the will was forged or obtained under fraudulent circumstances, it can be challenged.
• Improper Execution: Pennsylvania law requires specific formalities for a will to be valid. If these weren’t followed (e.g., lack of witnesses), the will may be declared void.

If a will contest is successful, the court may alter the distribution of assets according to Pennsylvania intestacy laws or a prior valid will.

Agreements Among Beneficiaries (Family Settlement Agreements)

Pennsylvania law allows beneficiaries to mutually agree to modify the distribution of an estate, even if it differs from the terms of the will. This is done through a legally binding Family Settlement Agreement (FSA), which must be signed by all interested parties. Courts typically uphold such agreements if they’re voluntary, fair, and don’t violate public policy.

Elective Share Claims by Surviving Spouse

Pennsylvania law protects surviving spouses by allowing them to claim an elective share of the estate, regardless of what the will states. Under 20 Pa. C.S. § 2203, a surviving spouse can choose to take a one-third share of the decedent’s estate instead of what was left to them in the will. This effectively overrides the will’s terms concerning spousal inheritance.

Omissions and Mistakes

If an heir or beneficiary was unintentionally omitted from the will due to an error or unclear language, Pennsylvania courts may interpret or modify the will’s provisions. This applies in cases where:

• A child was born or adopted after the will was created but wasn’t mentioned.
• A clerical mistake resulted in an unintended omission.

Courts may adjust the distribution of assets to align with what they determine were the testator’s probable intentions.

Will Revocation or Replacement Issues

If multiple versions of a will exist, the court must determine which one is legally valid. If a more recent will is discovered that properly revokes the older version, the previous will’s terms may no longer apply. However, for a will to be revoked, the testator must have taken clear and legal steps to cancel or replace it before death.

Trusts and Non-Probate Assets

Some assets aren’t governed by a will and cannot be changed after death, including:

• Assets held in a living trust
• Jointly owned property with rights of survivorship
• Life insurance policies with named beneficiaries
• Retirement accounts (401(k)s, IRAs, pensions) with designated beneficiaries
• Payable-on-death (POD) or transfer-on-death (TOD) accounts

Even if a will states otherwise, these assets will pass directly to the named beneficiaries, and the will cannot alter them.

Steps to Prevent Future Will Disputes

To avoid potential challenges and disputes over a will, individuals should:

• Ensure the will is properly drafted and executed under Pennsylvania law.
• Regularly update the will to reflect changes in family, finances, and legal wishes.
• Consider setting up a trust to control asset distribution more securely.
• Work with an experienced estate planning attorney to avoid ambiguity and ensure compliance with Pennsylvania probate laws.

Difference Between a Codicil and a Will Alteration Post-Death

A codicil is a legal document used to amend or modify a will while the testator is still alive. In Pennsylvania, a codicil must meet the same legal requirements as a will, including being signed by the testator and witnessed by two individuals. A codicil allows the testator to make changes without drafting an entirely new will.

However, once the testator has passed away, no new codicils can be created, and the will generally cannot be altered. Any changes post-death must be justified through legal processes such as will contests, beneficiary agreements, or court interpretations. 

Unlike a codicil, which is an intentional and legally binding amendment made by the testator during their lifetime, post-death alterations are typically the result of disputes or legal challenges rather than voluntary changes by the deceased.

What Is a Deed of Variation? 

A deed of variation allows family members, civil partners, and other beneficiaries to adjust the original will for tax reasons, ensuring a tax-efficient distribution of the deceased’s estate. This can provide tax advantages, such as helping reduce capital gains tax liability, avoiding more inheritance tax, and securing tax reliefs for both the beneficiaries and their own estate. 

A family arrangement must be agreed upon by all affected parties, and the person making the changes must have mental capacity. This process can benefit own children while respecting the final wishes of the deceased.

FAQs About Will Changes After Death in PA

Can an executor change a will after the testator’s death?

No, an executor is responsible for carrying out the will’s terms as written. They don’t have the authority to alter its provisions, redistribute assets, or override the decedent’s wishes.

What happens if all beneficiaries agree to change the terms of the will?

In Pennsylvania, beneficiaries can legally modify the distribution of assets through a Family Settlement Agreement (FSA) if all interested parties consent. Courts typically uphold these agreements as long as they’re voluntary and lawful.

Can a surviving spouse override a will in Pennsylvania?

Yes. Under Pennsylvania’s elective share law (20 Pa. C.S. § 2203), a surviving spouse can claim one-third of the decedent’s estate, even if the will provides a lesser amount or excludes them entirely.

What if a newer will is discovered after probate has begun?

If a more recent will is found and proven valid, it will replace the older one. However, it must meet all legal requirements, and the probate court will determine its legitimacy.

Can a mistake in a will be corrected after death?

Potentially, yes. If a will contains a clear clerical error or an unintentional omission, the court may interpret its meaning based on available evidence. However, courts typically follow the exact language of the will unless legal grounds justify an amendment.

How Our PA Estate Planning and Probate Attorneys Can Assist With a Will Change After Death

At Morella Bencsics, our experienced Pennsylvania estate planning and probate attorneys understand that disputes or concerns about a will’s validity can arise after a loved one’s passing. Our team provides knowledgeable and strategic guidance to address the complexities of post-death will modifications while ensuring that your rights and interests are protected.

Challenging a Will in Probate Court

If there’s reason to believe that a will is invalid due to fraud, undue influence, lack of capacity, or improper execution, we can help initiate a will contest in probate court. Our attorneys will investigate the circumstances surrounding the will’s creation, gather evidence, and present a strong case to demonstrate why the will should be modified or invalidated.

Family Settlement Agreements

In cases where all beneficiaries agree to alter the distribution of assets, a Family Settlement Agreement (FSA) may be an option. This legally binding contract allows heirs to redistribute the estate in a manner that differs from the original will’s terms. Our attorneys will draft and negotiate FSAs to ensure compliance with Pennsylvania estate laws while achieving a fair resolution.

Interpreting Ambiguous Language

If a will contains vague or contradictory provisions, our legal team will petition the probate court for an official interpretation. Courts may adjust distributions if the will’s language doesn’t reflect the decedent’s intent. We present legal arguments and supporting evidence to ensure the estate is handled in accordance with Pennsylvania inheritance laws.

Elective Share for Surviving Spouses

Pennsylvania law allows a surviving spouse to claim an elective share (one-third of the estate) if they were disinherited or left with insufficient assets. Our attorneys will evaluate your eligibility and assist in filing a claim to secure your rightful inheritance.

At Morella Bencsics, we guide families through the probate process with personalized legal representation and compassionate support. To schedule your consultation with our proven lawyers in PA, call us at (412) 960-1656 or contact us online.