What Happens If You Are a Beneficiary of a Will?
If you are a beneficiary under a will, you are entitled to inherit from the estate of the deceased without a court order. A will can be changed only if both parties agree on the changes. The word “children” refers to the issue. For example, if T and H had children, he could have disinherited his brother and left his estate to D. But if he killed his brother and wanted to keep his share of the estate, he couldn’t have disinherited himself.
The testator’s true wishes may justify invalidating a will if the testator was incompetent. In Barnes v. Marshall, the testator was insane for 30 years. This may seem unlikely, but opening the door to mental illness as a factor in testamentary capacity is risky. Moreover, mental illness is a growing problem in our society. So, when writing a will, make sure your lawyer obtains a psychiatric opinion.
A will can be amended with a codicil. In this case, the testator named two daughters as beneficiaries of his will. The testator’s wife had a marital deduction trust. A codicil was written to reaffirm the will. A codicil can only revoke the will if two witnesses certify the fact. It is also possible for the testator to change their mind after death.