Does accepting a gift from the maker of a Will potentially change the terms of the Will or remove the beneficiary from inheriting?

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Does accepting a gift from the maker of a Will potentially change the terms of the Will or remove the beneficiary from inheriting?

I was designated to receive 1/4 of my aunt and uncle’s estate prior to my aunt’s passing; she was like my second mother to me. My uncle has since remarried and is now having health issues but recently offered me a financial gift from the estate. I have no copy of the Will. If I accept this gift, will that change the terms of the Will or remove me from further inheritance on his passing?

Asked on May 29, 2015 under Estate Planning, Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you accept the gift and it is an advance on your inheritance, then the amount should be deducted from your inheritance.

If the gift is in lieu of your inheritance, then you won't receive anything from the Will.

A codicil (amendment) to the Will should set forth your uncle's intent regarding the gift.


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