Bereavement comes with paperwork, and will disputes can deepen the strain. For 90 years, Casey Lundregan Burns, P.C., has helped Massachusetts families deal with these challenges with practical counsel.
Adjusting a Will After Death
Most people assume a will cannot be changed once the writer passes, and that is partly true. You cannot rewrite the document itself, yet you can alter how the estate is shared by using approved legal tools. The main method is commonly called a Deed of Variation, or Deed of Family Arrangement, which lets beneficiaries redirect their inheritances.
Every modification hinges on consent. Beneficiaries whose interests shift must agree in writing, or a court must approve the change. Without that consent, the original terms of the will stand.
What is a Deed of Variation?
A Deed of Variation is a signed document that tells the probate court, the personal representative, and taxing bodies, “I want my share handled differently than the will states.” It does not replace the will; instead, it amends the outcome for the beneficiary who signs it.
The deed can reroute cash, real estate, or personal items, and it can even set up a new trust for the redirected assets. Other beneficiaries and the personal representative must sign if the change touches anyone else’s share or alters the estate’s tax picture.
Reasons for Adjusting a Will After Death
Families rarely make these changes lightly. Several everyday scenarios push them to consider a Deed of Variation.
Common Scenarios
Below are situations we see often:
- A beneficiary feels financially secure and wants the inheritance to skip to a child or grandchild
- The family hopes to donate part of an inheritance to a local charity that mattered to the deceased
- A child or grandchild was born after the will was signed and is not mentioned in it
- Siblings wish to level out unequal bequests to avoid tension
- Tax savings are available if the property is divided differently
In each case, the Deed of Variation offers flexibility without opening a fresh probate or contest.
Permissible Adjustments via a Deed of Variation
The law lets beneficiaries change only their own slice of the estate. Within that slice, they may:
- Assign specific assets, such as a vacation home, to a different person or organization
- Give away the entire share outright
- Create a new trust and pour their share into it for future management
- Name recipients who never appeared in the original will, including minors or charities
Once the deed is signed, the tax authorities treat the new plan as if it had been written by the deceased on the date of death.
Limitations on Adjustments
Massachusetts courts will reject any deed that tries to overstep legal bounds. Key limits include:
- Not reducing or increasing another person’s inheritance without that person’s written approval
- A beneficiary does not enlarge their own share unless someone else voluntarily gives up a portion
- The designation of a personal representative (executor) or guardian for minor children stays intact; a deed cannot change those appointments
Attempting to break these rules will usually force the matter into formal probate, where a judge may deny the entire request.
Considerations When Implementing a Deed of Variation
Before anyone signs, the group should look at the potential ripple effects on the whole estate. A single change can raise or lower estate taxes, create new reporting duties, or even change eligibility for public benefits.
The personal representative has a duty to file accurate tax forms, so they often insist on written clearance from a tax adviser. If a beneficiary is a minor or lacks mental capacity, the Probate and Family Court must approve the deed on that person’s behalf, which can lengthen the timeline.
Time Constraints for a Deed of Variation
You may sign a Deed of Variation before or after the personal representative receives official authority (probate). However, for federal and Massachusetts estate tax purposes, you must complete the deed within two years of the date of death if you want the adjustment respected for tax calculations.
Intestacy: What if There Is No Will?
When someone dies without a valid will, Massachusetts’ “intestacy” statutes direct how assets pass. These rules favor spouses, children, and other close relatives in a strict order that may not suit today’s blended families. Even then, beneficiaries may still redirect their shares through a Deed of Family Arrangement.
Families often use the deed in intestate estates to:
- Provide for an unmarried partner who would otherwise receive nothing
- Create a fair split among children from different relationships
- Adjust the estate to cut down on estate or capital-gains taxes
The same two-year tax deadline applies, and all affected heirs must approve the changes in writing.
Contact Casey Lundregan Burns, P.C., for Assistance
Three generations of Casey Lundregan Burns, P.C., have stood beside Massachusetts families through probate, trust administration, and estate planning. Our firm combines extensive legal knowledge with a practical approach that eases family stress.
If you are weighing a Deed of Variation or have another estate question, reach out for a one-on-one consultation.
Call us at 978-878-3519 or visit our Contact Page to schedule a meeting. We will review your goals, explain your options in plain language, and work toward the best path for your family.
The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.