Your dad has died. Can your step mother change a will that was drafted by her and your dad after your dad has passed?

Answer 1

She can only change her will, she cannot change his. A 'joint' will? I am not aware of a jurisdiction that would allow this.

Another Perspective

Joint wills are not often used anymore and they were never a good idea. They come from another time. Joint wills can be a single document, or two documents that mirror each other, executed by married couples to ensure their property is distributed to their children and not to any second spouse. Closely related is a mutual will. Those forms can be considered good or bad depending on your perspective.

The forms originate from the days when a married couple was considered one person and that person was the husband. Most wives outlived their husbands and a joint will or mutual will allowed the husband to remain in control of his property from the grave. The property that would normally pass to his wife and become her property upon his death was instead dedicated to their children or other heirs. It would always remain "in the family". She had no power of appointment over the property

A mutual will is more of a contractual agreement or trust and it is binding on both parties after it is properly executed. It must be made in a particular form, be contractual in effect, be intended to be irrevocable and the surviving party must have intended the will to reflect an agreement. A joint will is different and can be changed after the first party dies. It is more of a convenience The Survivor may have different feelings once they are living alone and may wish to include a new spouse in their will.

These will forms are a remnant of the past and are no longer supported in many jurisdictions. However, you should consult an attorney in your jurisdiction who can review the situation and determine the status of the will in your jurisdiction.