Deed of Variation to a Will

Did you know a Will can be legally changed after someone has died? Our SRA-regulated solicitors are experts in Deeds of Variation, allowing beneficiaries to redirect their inheritance for tax planning or to provide for others.

A Wildlings solicitor providing expert advice on estate planning and deeds of variation

Why Change a Will After Someone Has Died?

A Deed of Variation is a powerful legal instrument that allows a beneficiary to redirect their inheritance to someone else. It is an invaluable tool for modern estate planning, often used for the following reasons:

To Reduce Inheritance Tax (IHT): Redirecting part of your inheritance to a charity can reduce the estate's overall IHT rate from 40% to 36%.
To Pass Assets to the Next Generation Tax-Effectively: You can pass your inheritance directly to your own children. For tax purposes, it's treated as a gift from the deceased, not from you, avoiding potential lifetime gift taxes.
To Provide for Someone Left Out: A variation can be used to provide for a family member, partner, or dependant who was not included in the original Will.
To Settle an Inheritance Dispute: A Deed of Variation can be used to formally settle a potential claim against the estate, avoiding costly and stressful court proceedings.

The Critical Legal Requirements

To be legally valid and effective for tax purposes, a Deed of Variation has several strict conditions that must be met. This is why professional legal advice from a solicitor is essential.

The Two-Year Time Limit

The variation must be signed and completed within two years of the date of death. This is a strict, unmissable deadline.

Must Be in Writing

The variation must be a formal legal document, signed by the original beneficiary who is giving up all or part of their inheritance.

Agreement of All Affected

If the variation affects other beneficiaries by reducing their inheritance, they must all agree to the changes and sign the deed.

Real UK Case Study: The Importance of Correct Procedure

Gnahore v Gnahore [2017]

The Situation: A mother inherited her son's entire estate under the Rules of Intestacy. To provide for the son's child, she attempted to create a Deed of Variation. However, the document she signed was poorly drafted and did not contain the specific statements required by law to be effective for tax purposes.

The Outcome: The High Court ruled that the deed was invalid for tax purposes. This meant the mother was treated as having made a large lifetime gift to her grandchild, creating a significant and unexpected Inheritance Tax liability that would have been completely avoided if the deed had been drafted correctly.

What this means for you: A Deed of Variation is a highly technical legal document. A small mistake can have major tax consequences. Our specialist solicitors ensure your Deed of Variation is drafted correctly to be fully effective and legally robust.

"They Made a Complex Process Seem Simple"

"I wanted to pass my inheritance from my mother directly to my children. Wildlings explained the process for a Deed of Variation clearly and handled all the complex paperwork. A fantastic, tax-efficient result. I felt I was in very safe hands."

- Google Review

"The solicitors provided excellent, clear advice on using a Deed of Variation to redirect a gift to charity and reduce the estate's inheritance tax bill. Their expertise was invaluable. Highly recommended."

- Inheritance Tax Client, Birmingham

"Very friendly and professional service. They explained everything clearly and made a potentially stressful process very straightforward. The fixed fee was also very reasonable."

- ReviewSolicitors Client

Your Questions About Deeds of Variation

Can I vary an inheritance if there was no Will?

Yes. You can use a Deed of Variation to change the distribution of an estate under the Rules of Intestacy. For example, you could use it to provide for an unmarried partner who was not automatically entitled to inherit. The same strict two-year time limit applies.

Does this count as a gift from me for tax purposes?

No, and this is the key benefit. For Inheritance Tax and Capital Gains Tax purposes, a correctly drafted Deed of Variation means the redirection of assets is treated as if the deceased had made the gift in their Will. This allows you to pass on wealth without it being considered a "lifetime gift" from you.

Can I change my mind after signing?

No. A Deed of Variation is an irrevocable legal document. Once you have signed it, you cannot change your mind. This is why it is absolutely essential to get expert legal advice from a solicitor before proceeding, to ensure you understand the full consequences of the variation.

Take Control of Your Inheritance

A Deed of Variation is a powerful but complex tool. Let our expert solicitors ensure it is done correctly to achieve your goals and protect your interests.

Request a Callback to Get Started