Deed of variation solicitors after probate
A Deed of Variation, or Family Arrangement, enables the beneficiaries of a deceased’s estate to alter the distribution of that estate and even to distribute the estate to a different beneficiary altogether. This can be prepared and signed up to two years after the date of death.
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In most cases, a loved one’s wishes will be executed, and their estate distributed, according to their will. However, in some circumstances, these can be amended using a Deed of Variation. One reason for using a Deed of Variation is to pass Inheritance Tax in the most efficient way and minimise the impact of Capital Gains Tax. A Deed of Variation can also be used to balance disparities in the finances of beneficiaries (ie to grant a higher proportion of entitlement to the sibling with the least wealth). It’s important to note that, while a Deed of Variation does offer a legitimate way to change a will after death, it should not be relied upon as part of an individual’s estate planning. Moreover, a Deed of variation can only be used if everyone adversely affected agrees and there is no reciprocation; that is, no one is compensated for what they give up.
If you are the beneficiary of an estate and would like to learn more about Deeds of Variation, book a consultation with one of our Probate solicitors. They offer expert advice tailored to your circumstances and help you plan your next steps.
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