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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10730
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my father in law wants to change his will but he suffers from

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my father in law wants to change his will but he suffers from dementia. my husband is executor of the current will does he have to implement this will or can he do what his father now wants ?


Hi there,


Thanks for your enquiry.


If no new Will is made, then the Executor is under a duty to comply with the terms of the existing Will.


However, provided all the beneficiaries under the existing Will are happy that the terms of the Will be changed, in accordance with your Father in law's oral wishes, then a Deed of Variation can be prepared after your Father in law has passed on, which acts as a variation to the existing Will, and then your Husband, as Executor, can then distribute the Estate in line with the Deed of Variation.


A local Wills Solicitor can assist in preparing the Deed of Variation at an approximate cost of £250 plus VAT.


I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.


Kind Regards


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