Deed of Variation Solicitors
Within two years of their passing, you can rearrange estates distribution
Refine your loved one’s legacy.
Post-death Will variation FAQs
Why would I change a Will after death?
There are many reasons that someone may want to make changes to a Will after the testator has died. These include:
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- 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.
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- Some beneficiaries do not want to inherit or may prefer that their inheritance goes to someone else.
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- Some beneficiaries prefer for their inheritance to go to charity.
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- There is a more tax-efficient way to distribute the estate.
Can a spouse change it?
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.
Can an executor change a Will after death?
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.
What is a Deed of Variation?
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.
How long does this deed take?
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.
How much does it cost?
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.
Can a Deed of Variation be challenged?
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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Friendly, helpful, effective service. Cannot recommend Chantelle Bennett highly enough. Would use again.
Thanks Samantha and Cathy
Have recently sold my property with Samantha and Cathy, doing conveyance, I cannot fault the service that I have received. I don’t deal with internet, and they have served us and understood our request, dealing with it professionally and mindfully, we will be moving again within the next year, we will definitely use you both again. Thank you.
Our solicitor Vicki Jones was amazing
Our solicitor Vicki Jones was fantastic, she was always contactable and at every step of thexway explained in simple terms the stage we are at and what we needed to do next. I highly recommend Eric Robinson and especially Vicki Jones she is a shining star.
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I can’t recommend Nayo at Eric Robinson Solicitors highly enough. He supported me through a difficult and stressful employment situation, providing clear, honest and practical advice throughout. He took the time to explain my options, was always approachable and responsive, and helped me feel confident in the decisions I was making. What I particularly appreciated was his balanced and pragmatic approach. He understood what I wanted to achieve and helped me navigate the process calmly and professionally, always keeping my best interests in mind. I’m incredibly grateful for his guidance and support, and wouldn’t hesitate to recommend him to anyone needing employment law advice. Thank you, Nayo!
Chantelle dealt with the sale of my…
Chantelle dealt with the sale of my late Mothers property. I cannot thank her enough, she was very professional and excellent in her role. I would have no hesitation in recommending her, and Eric Robinson solicitors, and I would definitely use them again.
Excellent service
Friendly, helpful, effective service. Cannot recommend Chantelle Bennett highly enough. Would use again.
Thanks Samantha and Cathy
Have recently sold my property with Samantha and Cathy, doing conveyance, I cannot fault the service that I have received. I don’t deal with internet, and they have served us and understood our request, dealing with it professionally and mindfully, we will be moving again within the next year, we will definitely use you both again. Thank you.
Our solicitor Vicki Jones was amazing
Our solicitor Vicki Jones was fantastic, she was always contactable and at every step of thexway explained in simple terms the stage we are at and what we needed to do next. I highly recommend Eric Robinson and especially Vicki Jones she is a shining star.
Professional, supportive and highly recommended
I can’t recommend Nayo at Eric Robinson Solicitors highly enough. He supported me through a difficult and stressful employment situation, providing clear, honest and practical advice throughout. He took the time to explain my options, was always approachable and responsive, and helped me feel confident in the decisions I was making. What I particularly appreciated was his balanced and pragmatic approach. He understood what I wanted to achieve and helped me navigate the process calmly and professionally, always keeping my best interests in mind. I’m incredibly grateful for his guidance and support, and wouldn’t hesitate to recommend him to anyone needing employment law advice. Thank you, Nayo!
Chantelle dealt with the sale of my…
Chantelle dealt with the sale of my late Mothers property. I cannot thank her enough, she was very professional and excellent in her role. I would have no hesitation in recommending her, and Eric Robinson solicitors, and I would definitely use them again.
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