Can a Beneficiary Be Removed from a Will?

Reasons for Removing a Beneficiary

Testator’s Decision

The person who creates the will, known as the testator, has the right to change or remove a beneficiary at any time before their death. This can be done by creating a new will or making a codicil, which is an amendment to the existing will.

Legal Grounds

There are certain legal grounds that can lead to the removal of a beneficiary from a will, such as when the beneficiary is found to be legally incapable of receiving the inheritance or is disqualified due to other reasons.

Process of Removing a Beneficiary

Creating a New Will or Codicil

If the testator decides to remove a beneficiary, they can either create a new will or make a codicil to their existing will. This process involves drafting the necessary documents and signing them in the presence of witnesses, as required by law.

Contesting the Will

In cases where there are legal grounds for removing a beneficiary, the will may be contested. This involves a court process and may require the assistance of a skilled trust and probate litigation attorney.

How Hess-Verdon & Associates Can Help

At Hess-Verdon & Associates, we offer unparalleled estate planning expertise, dependability, and sophistication in trust and probate litigation. With over three decades of experience in estate planning, business, and commercial litigation, we are committed to delivering comprehensive, results-oriented legal counsel to our clients.

We have an extensive background in trial preparation, strategy, and presentation, and we provide services to trustees, beneficiaries, business entities, and real estate partners. If you have questions about removing a beneficiary from a will or need assistance with trust and probate litigation, contact us today at 1-888-318-4430.

FAQs

1. Can a beneficiary be removed from a will?

Yes, a beneficiary can be removed from a will if the testator decides to do so or if there are legal grounds for removal.

2. How can a beneficiary be removed from a will?

A beneficiary can be removed from a will by the testator creating a new will or making a codicil to the existing will. In some cases, the will may be contested in court to remove a beneficiary.

3. What are some reasons for removing a beneficiary from a will?

Reasons for removing a beneficiary from a will include the testator’s decision, legal incapacity of the beneficiary, or other disqualifying factors.

4. Do I need an attorney to remove a beneficiary from a will?

While it is not required, it is recommended to consult an attorney for guidance and assistance in removing a beneficiary from a will, especially if the will is being contested.

5. How can Hess-Verdon & Associates help with removing a beneficiary from a will?

Hess-Verdon & Associates can provide expert legal counsel and assistance in removing a beneficiary from a will, whether it involves drafting a new will or codicil or contesting the will in court. Our experienced team will guide you through the process, ensuring your estate planning needs are met and your interests are protected.