Non-motoring > Executors changing a will Legal Questions
Thread Author: legacylad Replies: 5
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 Thu 23 Jul 26 12:45 
 Executors changing a will - legacylad
As joint executors and both holding PofA, a sibling and I want to make minor changes to our mother’s will…she is in a Nursing Home with Alzheimer’s.
Basically delete a beneficiary and also to change some of the charities being left money.,.mothers life savings have long gone after 4 years in and out of care homes, and funding is now done by the proceeds of her house sales 6 months ago.
Can we do this without engaging a solicitor ?
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 Thu 23 Jul 26 12:57 
 Executors changing a will - tyrednemotional
No.

The executors duties/powers only kick in after death, and even then changes require the agreement of all affected parties.

Power of Attorney doesn't bestow rights to alter a will either.

(It is possible in obscure circumstances to alter the terms of a will before death, but that involves going through the Court system).

I wouldn't even consider such changes as you would be laying yourself open to all kinds of legal challenges.
Last edited by: tyrednemotional on Thu 23 Jul 26 at 12:57
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 Thu 23 Jul 26 13:33 
 Executors changing a will - Biggles aka B_i_G
deleted - I realised that she is still alive so a deed of variance is not relevant.
Last edited by: Biggles aka B_i_G on Thu 23 Jul 26 at 13:34
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 Thu 23 Jul 26 14:25 
 Executors changing a will - Bromptonaut
Is it possible she has testamentary capacity (TC) ie understands what a will is, the nature/extent of her estate and the effect including/excluding beneficiaries?

More detail here: www.thegazette.co.uk/all-notices/content/100844

Given you mention Alzheimer's I'd assume not.

Interesting to see the Victorian era case of Banks v Goodfellow is still the go to on TC. I worked in the area for a time in the nineties and asking Doctors for an opinion on TC involved quoting the key definition from that case.

If there's a desperate need to make/change provision the Court of Protection can execute a Statutory Will but that's not straightforward. The Gazette item above links to an article on Stat Wills.

After death a will can be re-written as a Deed of Arrangement but that would require agreement of current beneficiaries.
Last edited by: Bromptonaut on Thu 23 Jul 26 at 14:26
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 Thu 23 Jul 26 15:54 
 Executors changing a will - legacylad
Bromp, with regard to your final comment..when my late Aunt dies, two of us were file beneficiaries. She had no children.
We both agreed to give up some of the funds coming to us and divert it to charities close to her heart which had been overlooked, and also increase donations to some charities.
A solicitor whom we knew helped to sort it… hopefully we can do the same, assuming any money left after Nursing Home fees.
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 Thu 23 Jul 26 16:24 
 Executors changing a will - Bromptonaut
Sorry LL, I didn't twig it was you when answering and might have phrased it slightly differently.

The idea of removing a beneficiary was potentially alarming!!

What you said regarding your aunt could have been done formally via a Deed of Variation or if it's just the two of you same end could be achieved by you gifting money on to charities.

My Mother's brother dropped dead aged 60 in 1983. Silly beggar had inherited well from his uncle who had a portfolio of let houses and he never made a will.

The law of intestacy at the time would have left much of his estate to my Mother and left his widow up a gum tree.

A deed of arrangement to rectify things took the best part of two years and a lot more in legal fees then a will would have cost.

Uncle Sidney was notorious for poor time keeping and Mum found some wry amusement in a constant stream of letters referring to 'your late brother' - summed the beggar up she said.

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