Removing beneficiary from will

[starling84]

Hello there, following on from a disagreement within the family which has spanned a couple of years, my parents wish to remove one of the grandchildren from their wills, but they also desire to allow for future 'healing' within the family for the disinherited party being re-introduced into the Will. I do not know if this matters, but the grandchild has also been disinherited from their parent's Will.

I cannot see how this could be done. Would a letter indicating their desires to allow the executors to decide or should they be removed from the will entirely?

[atticus]

Your parents should seek professional assistance in either preparing new wills or writing codicils to their existing wills.

Allowing for future change is going to be very difficult, and possibly can be dealt with by some kind of discretionary trust. As I said: professional advice is needed, from someone with the specialist expertise that I do not have.

[starling84]

Thanks Atticus, it's probably going to be easier to have the will changed and for any potential reconciliation to entail a Deed of Variation when the time comes.

[atticus]

Should that time come, and if it is dealt with promptly and while your parents have testamentary capacity. It would be a codicil to a will and not a deed of variation.

Or do you mean a deed of variation between beneficiaries after death? That entails a hope that all beneficiaries will agree. That may be unduly optimistic. Families do seem to enjoy falling out over wills.

[starling84]

Thanks Aticus, yes it would be between beneficiaries after death. I agree that families all seem to fall out over these sorts of things, but without there being some significant shifts in the families positions any change (Which would be expensive) is likely to go one way anyway.

[atticus]

Ultimately it is your parents' decision.

[dslippy]

You / they can only make deicsions based upon the current situation. They have wills which do not reflect their wishes. The wills should be changed now. It is easy enough to change wills again if desired. No deeds of variation or codicils are required.