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If a will has been filed can the husband change his will and cut his spouse out of the will?
Wiki User
∙ 15y ago
Yes but you should make proper provision for your spouse and children including exnuptial children If you do not they could take proceedings under the Family Provision Act to obtain provision depending on their needs ==Additional Answer== Under the provisions of the probate codes in most jurisdictions in the United States a wife may waive the will and take an elective share of her husband's estate regardless of the provisions of his will. Although the amount may be limited it is nearly impossible to disinherit a wife, or a husband. Those who try must make complicated legal transfers and risk getting involved in fraudulent transfers of assets or subjecting the estate to a complicated process of trying to reclaim assets that were transferred. Many states have adopted the Uniform Probate Code. The UPC has influenced law reform in many other states where only portions of the code have been adopted, especially the provisions dealing with the "elective share" of a spouse. Elective‑share laws bring probate law into line with the contemporary view of marriage as an economic partnership. In the US you can disinherit your kids but not your wife. Most modern civilized countries do not as a rule allow a husband to disinherit his wife.
Wiki User
∙ 15y ago
Yes, a person can change their will at any time, including after it has been filed. However, it should be noted that cutting a spouse out of a will may have legal implications and could potentially be subject to challenge depending on the jurisdiction. Consulting with an attorney is recommended to understand the specific laws and requirements in your jurisdiction.
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