Does the principal need to tell the heir of the will and trust along with the attorney that they have changed it
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Does the principal need to tell the heir of the will and trust along with the attorney that they have changed it
Does the principal need to tell the heir of the will and trust along with the attorney
that they have changed it ?
Asked on May 8, 2019 under Estate Planning, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The "testator" (i.e. the maker of a Will), is under no legal obligation to disclose a change in it to the beneficiaries. Frankly, until the testator dies, their Will can be changed multiple times as it has no effect until their death. That having been said, if the Trust currently exists (versus being created by the Will), then the trustee would need to be notified of any changes.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, there is no legal obligation on the principal to tell heirs or beneficiaries of a change. There is no need to tell an attorney of a change in a will, since it may change again after all, and has no effect until the principal dies. The only person who would need to be told is IF the trust currently exists (it is an "inter vivos" trust, not a "testamentary trust which is created by the will after death), he would have to tell the trustee since that person is currently administering thr trust.
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