The executor of a will changed it without permission, what could happen to her?

3 views 6 answers
She took the persons name off of the will, the one that would take her place if anything happened to her, this person would take her place, and she put someone else. She did this without the owner of the will being present and without their permission. What could happen?

Attorney Answers

6
Brandon Robinson ·
Generally, only the testator has the authority to make that decision. There would have to be some compelling reason why the testator's wishes would not be honored, assuming the valid execution of the will itself. Please speak with a California wills/estate planning attorney if you believe foul play is at issue. has many excellent California attorneys who regularly comment on this online forum. You can also use 's "Find a Lawyer" tool to locate practitioners closest to your hometown. All the best to you and your family.
0 upvotes
Alan Brinkmeier ·
The terms of the original Will prevail. Only the grantor can change a Will, no one else.
0 upvotes
Christine James ·
The change will be ignored. No one other than the creater of the will can change it.
0 upvotes
Brian Sheppard ·
The executor does not have authority to change a Will. This should be brought to the attention of the Court if the Will is probated or used to transfer property. The Court may find her changing of the Will grounds for discharging her. You don't say whether the person making the Will is deceased, or whether there is any property to be probated through the Court. That might help get more complete answers.
0 upvotes
Matthew Harris ·
Is the creator of the will still alive? A will only takes effect on death. If the person is still alive, then you should have this person create a new will to reflect his or her true intent. If the will creator is an elder, call APS or local law enforcement and report the potential elder abuse. If the person is deceased, then the probate court should surcharge and remove the executor.
0 upvotes