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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Challenging sale to our tenants

We recently sold our house to our tenants, and while the process was challenging, Sylvia made all the difference. She was confident and personable while remaining thoroughly professional and extremely responsive throughout. Sylvia helped us navigate a variety of challenges and really drove the sale forward. Having bought and sold many properties over the years, we’ve experienced both very good and very bad conveyancing — and Sylvia is simply the best we’ve ever worked with. She sets a new standard for us on how the job should be done. Excellent service, and I’d have no hesitation in recommending her.


Mark
20 Jul 2026

Highly professional, efficient, and proactive from start to finish

I recently sold my late Father’s bungalow in Romsey and chose Eric Robinson Solicitors to manage the conveyance. It wasn’t a straightforward sale, but Chantelle Bennett made the conveyancing process completely stress-free. From start to finish she managed the process with the utmost professionalism and efficiency. Everything was handled promptly, and her proactive communication meant I never had to chase for information. I am very grateful for her excellent service and highly recommend Chantelle and the team at Eric Robinson.


Christopher Fowler
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Absolutely fantastic experience with…

Absolutely fantastic experience with Eric Robinson Solicitors. Communication was clear and consistent, Chantelle went above and beyond to ensure that she made the house buying process as easy as possible for us on our end. We highly recommend!


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16 Jul 2026

Chelsea did a great job in keeping in…

Chelsea did a great job in keeping in helping the sale of my property go through in what is a challenging market.


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Incredibly efficient

Incredibly efficient. The whole process was much quicker than I anticipated and everything went so smoothly. I am so impressed with the customer service and communication. I would have no hesitation in recommending.


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06 Jul 2026

Chantelle was excellent throughout a…

Chantelle was excellent throughout a very tricky and lengthly process. Professional and helpful throughout.


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