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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Chantelle made extending our lease a breeze. We were informed that we needed to extend our lease with one year remaining before marriage costs, which gave us a fright, but i was recommended to speak to Chantelle, and from every step of the way, she has put us at ease and although it took a bit longer on the freeholders side, Chantelle kept us informed and chased where needed. I couldn’t recommend her enough.
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Michala Ward has to be up for employee of the year at Eric Robinson. Michala has steered us through not one but two nightmare house sales over the last year – Professional, Patient and thorough – Thank you Michala – Chris & Carol Beach
Timely professional support
Eric Robinson helped us with the legal side of securing a new tenant for our restaurant. It was complicated as the restaurant spanned ours and another property. Chloe Winstanley was our main support and provided timely professional support throughout. I will use her again and am happy to recommend her to others.
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We received fantastic conveyance service from Samantha & Cathy at the Bitterne branch. They were quick to communicate any updates throughout the whole process and respond to any queries we had. Highly recommend!
Chantelle Bennett at Eric Robinson…
Chantelle Bennett at Eric Robinson Solicitors made the whole sale process fornus extreme smooth. Her professionalism and understanding made contacting her very easy. If you are looking for a solicitor – we would highly recommend her and Eric Robinson Solicitors
Leasehold Extenstion
Chantelle made extending our lease a breeze. We were informed that we needed to extend our lease with one year remaining before marriage costs, which gave us a fright, but i was recommended to speak to Chantelle, and from every step of the way, she has put us at ease and although it took a bit longer on the freeholders side, Chantelle kept us informed and chased where needed. I couldn’t recommend her enough.
We sold a house in probate
We sold a house in probate, Chelsea was very prompt and professional throughout the process. The sale was painless and very speedy. Definitely recommend
Review for Michala Ward
Michala Ward has to be up for employee of the year at Eric Robinson. Michala has steered us through not one but two nightmare house sales over the last year – Professional, Patient and thorough – Thank you Michala – Chris & Carol Beach
Timely professional support
Eric Robinson helped us with the legal side of securing a new tenant for our restaurant. It was complicated as the restaurant spanned ours and another property. Chloe Winstanley was our main support and provided timely professional support throughout. I will use her again and am happy to recommend her to others.
5/5 Service.
We received fantastic conveyance service from Samantha & Cathy at the Bitterne branch. They were quick to communicate any updates throughout the whole process and respond to any queries we had. Highly recommend!
Chantelle Bennett at Eric Robinson…
Chantelle Bennett at Eric Robinson Solicitors made the whole sale process fornus extreme smooth. Her professionalism and understanding made contacting her very easy. If you are looking for a solicitor – we would highly recommend her and Eric Robinson Solicitors
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