Any changes a surviving spouse makes to their partner’s will after death are automatically invalid, because a will can only be changed by a living testator who has mental capacity.
Whether you are a beneficiary, heir or executor, consulting a probate attorney is critical if you believe a decedent’s will has been wrongfully altered by a surviving spouse. In most cases, the will can be contested to revert it to its prior version.
If a spouse attempts to change the will in bad faith, they could face serious consequences, including being ordered to pay the opposing party’s legal fees and potentially being disinherited from the portion of the estate affected by their unlawful changes.
