Hello. I am looking for informed opinion regarding a matter concerning somebody's last will and testament. Can the terms and conditions of the will be overturned - without recourse to the courts - if there is complete agreement in doing so between the executor and beneficiaries?
Of course sometimes a simple agreement between the beneficiaries is all that's required. For example, if the testator leaves everything to their son and nothing to their daughter, but the children would be happy to share the estate anyway, there's nothing to prevent the son agreeing to hand over half of the estate after he's received the whole of it under the (unaltered) terms of the will.
Late answer
yes Deed of Variation
You can even do a deed of variation in cases where there is no will ( intestate ) incredibly
The reason why the lucky inheritor doesnt just give the goods to the needy ones is tax - wills IHT is the primary consideration - on giving it would be CGT
The reason why you are asking is presumably someone in the fambly is saying "yes you can" whilst others are saying "no you cant...." or "I dont think you can" And if they are anything like my grasping fambly the "I dont think you can" turn into 'I dont agree - but you do it if you want"ers once they find it is all very possible in Law.
Agreement between all beneficiaries is necessary.
As PP says, a deed of variation is simple to do via your local solicitor. If you do as Buenchico suggests there could be tax implications because the money would have been gifted. My sister did a deed of variation on my Mum`s will and it was straightforward.