The short answer is: no one. A will, by its very nature, is a legal document that dictates the distribution of assets after the death of the testator (the person who made the will). Once the testator has passed away, the will becomes legally binding, and its terms cannot be altered. Attempts to change a will after death are legally futile and will not be recognized by the courts.
This seemingly straightforward answer, however, often leads to further questions and complexities. Let's address some of the most common queries surrounding this topic.
Can a Family Member Change a Will After Death?
No, no family member, regardless of their relationship to the deceased or their perceived entitlement to the estate, can unilaterally change a will after death. Even if a family member believes the will is unfair, unjust, or contains errors, they cannot simply rewrite it. They must follow the established legal procedures for contesting a will (which we'll discuss below).
What if the Will is Contested?
Contesting a will is a legal process involving filing a lawsuit in probate court. This process typically involves challenging the validity of the will itself, alleging grounds such as:
- Lack of testamentary capacity: The testator lacked the mental capacity to understand they were making a will and its implications at the time of signing.
- Undue influence: Someone coerced or manipulated the testator into making the will in a way that didn't reflect their true wishes.
- Forgery: The will is a complete fabrication, not genuinely signed by the testator.
- Improper execution: The will was not properly witnessed or signed according to the requirements of the relevant jurisdiction.
Successfully contesting a will can result in the will being deemed invalid (or parts of it being deemed invalid), and the distribution of assets may then be determined by intestacy laws (laws governing the distribution of assets when someone dies without a valid will). However, it's important to note that contesting a will is a complex and costly legal process with no guarantee of success.
What Happens if There's an Error in the Will?
If there's a clear and demonstrable clerical error in the will (like a misspelled name or incorrect address), the court might allow for a correction. This is not a change to the testator's wishes but rather a rectification of a factual mistake. This requires strong evidence to support the error and what the testator's true intentions were.
What if the Will is Ambiguous or Unclear?
If the will is ambiguous or unclear about the testator's intentions, the court will try to interpret it based on its wording and the surrounding circumstances. This involves examining extrinsic evidence, such as correspondence and testimony from witnesses, to understand the testator's likely intent. Again, this is not changing the will but interpreting its existing terms.
What About Codicils?
A codicil is a legal document that amends or modifies an existing will. However, a codicil must be created before the death of the testator. It cannot be added after death.
In conclusion, while there are legal processes to challenge the validity of a will or to clarify ambiguities, no one can directly change a will after the death of the testator. Any attempt to do so will be unsuccessful in a court of law. If you have concerns about a will, it is crucial to consult with an experienced probate attorney.
