Can an Executor Change a Will

Posted: 26 August 2026

During the lifetime of the Will maker (‘the Testator’), an Executor cannot change the Will. This is because the Testator has agency and therefore changes to their Will can only be done upon their instructions, if they have sufficient mental capacity.

During the Testator’s lifetime, a change can be made to their Will if they do not have mental capacity to instruct a Will drafter themselves, but this is done via a Court order and is referred to as a Statutory Will (we have a separate blog on Statutory Wills).

Can a Will be Changed After the Testators Death?

An Executor can change the Testator’s Will after their death however, and this principle applies to the rules when a person dies without making a Will (the intestacy rules).

A variation is normally done by way of a formal Deed, but it does not have to be. It should, however, be in writing.

There are conditions that must be met in order for the variation to be effective, as well as limitations on when a variation can be used. The below is not an exhaustive list, and it is therefore recommended that you seek legal advice before attempting to vary a deceased person’s Will:

Conditions for Varying a Will:

1. The variation must be made within two years of the Testator’s death in order for it to be tax effective (variations can and often are made to mitigate the Inheritance Tax and/or Capital Gains Tax that may be payable). If correctly executed, a variation is read back into the Will as if the Testator had included it in their Will
2. Further, in order for the variation to be tax efficient, it must contain a statement that all persons signing the variation intend it to take effect for tax purposes. The statement may apply to either Inheritance Tax or Capital Gains Tax or both, and it must include the appropriate statutory references
3. The variation must be signed by all people who are worse off because of it, and their signature therefore acts as their consent to the variation
4. All persons signing the variation must be 18+ and have sufficient mental capacity to agree to the variation. Sometimes a minor child’s entitlement is varied, but this must be done with the approval of the Court. A parent’s signature on behalf of a minor child is not sufficient
5. Where a variation is made and compensation is given to the beneficiary who is worse off as a result of the variation, the variation would not be treated as if the deceased had made it and therefore any tax benefits may be lost

Limitations on Varying a Will:

1. A variation cannot be made to change the appointment of Executors
2. A variation can only be used, redirecting the recipient of a specific asset, once. Any further variation to the recipient of a specific asset will fail and would not have the benefit, if any, of tax mitigation, even if all the conditions have been met
3. If an asset has already been administered to the original recipient, a variation cannot then be made in respect of that specific asset
4. Redirecting assets does not by-pass rules for means-tested benefits. Giving away an asset by varying a Will may still be treated by authorities as notional capital belonging to the beneficiary
5. Redirecting assets cannot be implemented primarily to shelter or shield assets from a beneficiary’s personal creditors or bankruptcy proceedings

As above, this is not an exhaustive list of conditions and limitations, and so should you wish to vary a deceased person’s Will, please get in touch and we can offer guidance and take your instructions if no limitations apply.

Speak to Our Wills and Probate Team Today

Our Private Client solicitors advise beneficiaries, executors and families on wills, probate and estate administration. We can explain your rights, guide you through the probate process and ensure the wishes in the will are carried out correctly.

Please do not hesitate to get in contact with us for a 30 minute free initial consultation.

You can learn more through our wills solicitors if this is relevant to your situation.

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Author: John Game

John Game specialises in Wills and Probate and is based in our Witham Office. He advises clients across all areas of Private Client law, including wills, estate planning, probate and estate administration, Lasting Powers of Attorney, and Court of Protection matters. Known for his thoughtful, client-centred approach, John strives to make even complex legal matters feel straightforward and supportive.