Legal Question in Wills and Trusts in New Jersey

Yes, the person making the Will can change it without letting the executor know. It sounds like you have something going on that may take a little talking about. Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Esq. 201-820-3460

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Normally, the will can be changed without the executor's knowledge.

The only caveat I would add, is that if the executor is also the spouse, and they both had their wills prepared by the same attorney, and then one spouse goes back to that same attorney and wants to change their will...then the attorney may have a duty to disclose the proposed change.

I agree, but your question is somewhat confusing. Anyone can usually change a Will before they die unless they have agreed with someone to make a joint Will or agreed that their Wills are going to have agreed-upon provisions. The executor has no specific rights until the person dies, the Will is probated and the executor appointed by the Surrogate. Of course there are issues of competency, undue influence and the like that might come into play and can efect the legitimacy of a change. Once probated, a Will cannot be changed. This is a reply to an Internet question and the response is not intended to be legal advice and/or as creating an attorney-client relationship.