CAN A WILL BE CHANGED DURING A DISPUTE?
Yes, a will can be changed during a dispute. In fact, it is not uncommon for parties to negotiate a settlement of a will dispute that involves changes to the terms of the deceased person’s will.
However, any changes to the will must be made in accordance with the relevant legal requirements. For example, the changes must be made with the necessary formalities, such as the signing and witnessing of a new will or codicil.
If the parties have reached an agreement to settle the dispute, it is important that the settlement is documented in writing and signed by all parties. This settlement agreement should clearly set out the terms of the agreement, including any changes to the will, and should be filed with the court as part of the settlement process.
It’s important to note that any changes made to a will during a dispute must be voluntary and made with the full understanding of the testator (the person who made the will) and without undue influence or coercion. If there is any evidence to suggest that the testator was pressured into making changes to their will, those changes may be challenged in court.