A deed of variation is a legal document that allows you to change the terms of a Will or, in the instance there is no Will, to change how the intestacy rules operate and apply to an estate.
It can be used to alter the distribution of assets, add beneficiaries, or make other changes to a Will.
The deed must be signed by all parties involved and witnessed for it to be legally binding.
A deed of variation may also be used to reduce your inheritance tax liability by transferring some of your entitlement from one beneficiary to another.
A Deed of Variation can be helpful in a situation such as:
- where a Will fails to account and provide for children born after the date of the will.
- where the intended beneficiary is financially secure and would prefer to see that money be transferred to a charity or someone else who has a greater need for the money.
- where the intended beneficiary has their own potential liability to IHT on their own death and wishes to avoid making lifetime gifts that might be added together with their other assets and gifts should they themselves die within 7 years.
We strongly advise that you seek professional legal advice before making any changes, as there may be tax implications or other considerations that need to be considered.