Post-death Will variation FAQs

There are many reasons that someone may want to make changes to a Will after the testator has died. These include:

    • Circumstances may change between someone writing their Will, and their beneficiaries inheriting. For example, children and grandchildren may be born but who are subsequently left out.

    • Some beneficiaries do not want to inherit or may prefer that their inheritance goes to someone else.

    • Some beneficiaries prefer for their inheritance to go to charity.

    • There is a more tax-efficient way to distribute the estate.

The only people who have the power to change a Will after death are the individuals who stand to inherit. Thus, if the spouse is a beneficiary of the Will they can seek to put together a Deed of Variation to make a change to their portion of the Will.

If the spouse is not already a beneficiary, there are other methods for disputing a will which doesn’t involve a deed of variation.

If the executor is also a beneficiary of the Will, they can create a Deed of Variation just as all beneficiaries are entitled to do.

They can amend their own share of inheritance as long as they have the consent of the parties who stand to lose out from the amends.

It is also important to note that changes made by beneficiaries of the Will through a Deed of Variation need to be approved by the executor.

A Deed of Variation is the legal document which allows changes to be made to a Will after the testator passes away, or in cases where there is no Will.

A Deed of Variation allows you to detail how you would like your share of the estate to be distributed. If other people’s shares of the estate will be affected, they will need to agree to the changes as well.

A Deed of Variation can technically be quite informal and still be legally binding. It is merely a letter which details the changes to the Will that a beneficiary wants to make which is then signed-off by the other beneficiaries and the executor. A valid Deed of Variation can be made within two years of the deceased’s death.

The time frame required to prepare the Deed can be as short as 2 – 4 weeks if all of the parties agree. However, do bear in mind that it can take time for all affected parties to potentially obtain independent legal advice and/or to circulate the agreed document for the purposes of obtaining signatures. If an application to the court is required, such as in circumstances where some of the beneficiaries are minors, or have reduced capacity, this timeline will need to be extended further.

Technically, a Deed of Variation doesn’t need to cost anything given that it can just be a letter signed by the beneficiaries and the executor to be legally valid. However, the involvement of an experienced probate solicitor is recommended to ensure that the Deed of Variation is drafted correctly, and has the desired results.

A solicitor can also give you comprehensive legal advice on the tax implications of any changes made to a Will. Eric Robinson Solicitors offers fully authorised and regulated Estate Administration and Probate services to families and individuals across England and Wales and we have over 50 years of experience on our side.

In order for a Deed of Variation to be legally binding, it needs to be approved and signed by all the beneficiaries and the executor. Any of these individuals can challenge a Deed of Variation simply by refusing to sign it.

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03 May 2026

Excellent support from the team at Chandlers Ford

The team and Chandlers Ford stepped in very quickly to help me resolve an issue with Land Registry. There knowledge and action brought this to a conclusion. Subsequently we have had the support of the team in drafting wills. We have been very happy with the comprehensive advice and efficient action. Many thanks


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House sale . Emma and Megan were really helpful , professional and efficient. After an initial hitch with the online form filling all went smoothly. They ensured a smooth sale process and ably dealt with issues raised by our buyers solicitors. Communication was prompt and we were always kept up to date. All in all highly recommended. Thank you both. Linda and Wendy


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16 Apr 2026

Had a positive experience with the…

Had a positive experience with the company, Solicitor Sylvia Garcia is a strong expertise in residential conveyancing, responded promptly to emails & calls.She is knowledgeable & provides very good service.


Shehla
16 Apr 2026

Very professional and helpful staff

Dealt with Chantelle Bennett, she was very kind and helpful. I could always ask her for advice and she explained things in a very clear way.


Marion Mitchell
08 Apr 2026

I had the pleasure of working with Emma…

I had the pleasure of working with Emma as my solicitor from Eric Robinson, and I can honestly say she has been absolutely amazing throughout. She consistently went above and beyond to ensure everything was handled smoothly, always responding promptly to any queries I had. Emma took the time to explain every step clearly, making the whole process stress-free and straightforward. Her efficiency and speed were truly impressive. Thank you, Emma, for your outstanding support and professionalism! And also a big thank you to Megan who also supported throughout.


S.Kennedy
03 May 2026

Excellent support from the team at Chandlers Ford

The team and Chandlers Ford stepped in very quickly to help me resolve an issue with Land Registry. There knowledge and action brought this to a conclusion. Subsequently we have had the support of the team in drafting wills. We have been very happy with the comprehensive advice and efficient action. Many thanks


a neilson
02 May 2026

House Sale

House sale . Emma and Megan were really helpful , professional and efficient. After an initial hitch with the online form filling all went smoothly. They ensured a smooth sale process and ably dealt with issues raised by our buyers solicitors. Communication was prompt and we were always kept up to date. All in all highly recommended. Thank you both. Linda and Wendy


Linda Powell
17 Apr 2026

Great Service

Emma and Megan were always on hand to answer any questions and provided an excellent service from start to finish.


Ms Fiona Thorpe
16 Apr 2026

Had a positive experience with the…

Had a positive experience with the company, Solicitor Sylvia Garcia is a strong expertise in residential conveyancing, responded promptly to emails & calls.She is knowledgeable & provides very good service.


Shehla
16 Apr 2026

Very professional and helpful staff

Dealt with Chantelle Bennett, she was very kind and helpful. I could always ask her for advice and she explained things in a very clear way.


Marion Mitchell
08 Apr 2026

I had the pleasure of working with Emma…

I had the pleasure of working with Emma as my solicitor from Eric Robinson, and I can honestly say she has been absolutely amazing throughout. She consistently went above and beyond to ensure everything was handled smoothly, always responding promptly to any queries I had. Emma took the time to explain every step clearly, making the whole process stress-free and straightforward. Her efficiency and speed were truly impressive. Thank you, Emma, for your outstanding support and professionalism! And also a big thank you to Megan who also supported throughout.


S.Kennedy
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