If all beneficiaries under a will are adults with legal capacity and reach an agreement, a will may be altered after the testator's death by a deed of family arrangement.

A deed of family arrangement is a document that outlines an agreement between parties with an interest in an inheritance. This can include beneficiaries, executors, trustees and even creditors of the estate. It is used either where all parties agree that they would like to alter the terms of the will (for whatever reason), or where there is a disagreement over a will and the disputing parties are able to reach a compromise without going to court.

A deed of family arrangement may have stamp duty and capital gains tax implications. Professional advice should be sought by all parties before finalising a deed of family arrangement.

A deed of family arrangement cannot be used:

In any of the above cases, a court order will be needed to make the deed of family arrangement enforceable at law.