Changing a will after the testator passes away

Drafting a will can be a complex task for some individuals. Some people have children from different marriages or are estranged from certain individuals. In some cases, people may have drafted a will earlier in their life and did not update the will to reflect changes such as births, divorces, ownership of new property or the acquisition of specific possessions over his or her lifetime.

If there are shortcomings or pitfalls within your will, these issues will be felt by your surviving family and friends. And when there are issues with administering a will, it can hold up the division of assets for as long as it takes to resolve those issues.

To resolve discrepancies within a will, the document may be changed after the testator passes away. The reason for changing a will, known as a will variation, is not meant to change the wishes of the testator or rewrite his or her will. It’s to make sure that your family is properly provided for after you pass away.

As described on the s Law School website, British Columbia estate laws state that you have a legal obligation to provide for spouses and children. In some cases, you way wish to leave certain assets to one child, and not as much to another child. Whatever your reasons may be, there are laws that state how you may, or may not, impose such a provision.

This is why it’s imperative to consult with an experienced estates lawyer. He or she will listen to exactly how you wish to draft your will, why you want to draft it in such a way, and then explain how the law may apply to your wishes. If a spouse has been left out of a will, or a child is unfairly disinherited, a lawyer will be able to guide you on what you are obligated to bequeath them, or what legal formalities you may need to follow to order to best accommodate your wishes.

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