Deed of Variation Solicitors

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How our deed of variation solicitors can help

At Goughs, our experienced deed of variation solicitors will work closely with you to determine if a variation is the right approach. We’ll take you through the process with clarity and care to make sure that your document meets all legal and HMRC requirements.

You can rely on us for clear guidance on whether the deed of variation will suit your situation, professional drafting of the variation to avoid any future challenges, advice on legal and tax consequences, and coordinating with executors and other beneficiaries to ensure a smooth process.

As a deed of variation is legally binding and cannot be changed once signed, having expert deed of variation solicitors from the outset is vital.

Key Contact

Phillip Bolton

Partner & Head of Private Wealth

Reasons for changing someone's Will after death

There are a number of reasons you may want to write up a deed of variation, this includes:

If the Will was written a long time ago. For example, if the Will doesn’t include children or grandchildren who were born after it was written.
If you want to reduce the Inheritance Tax bill. There may be a more tax efficient way to distribute the estate.
If you don’t need all of your share and want it to benefit someone else.
If as a family you’d like to even things out for all beneficiaries.
Wanting your inheritance, or part of it, to go to charity.

What is a deed of variation?

A deed of variation is a binding legal document used by beneficiaries to change their share of an estate under a Will after their loved one has passed away. This also applies if the estate falls under intestacy (if someone passes without a Will).

It can be useful for someone not originally included in a Will, if family circumstances have changed, or if beneficiaries want the estate to be more evenly distributed. These changes must be agreed upon by all affected beneficiaries and are only valid if they’re made within two years of the date of death.

Keep in mind that a deed of variation doesn’t allow you to increase your share beyond what was originally left to you unless another beneficiary consents to it. Neither can it be used to amend executor appointments or guardianship decisions.

What changes can be made to the Will?

You can only change the portion of the inheritance you’ve personally received when it comes to a deed of variation, but how you do that is entirely up to you. The arrangements can be kept simple, such as passing a particular item to someone else, or it can be structured more in depth, such as placing your share into a trust or gifting your entire entitlement.

The person benefiting from the change doesn’t need to have been named in the original Will either. While each beneficiary can only vary their own inheritance, it’s not uncommon for families to agree together on a new distribution that better reflects their current circumstances or shared wishes.

Costs, deadlines, and legal requirements

To retain the inheritance tax and capital gains tax benefits, the deed of variation must be completed within two years of the date of death. It can be finalised before or after probate is granted. Technically, a deed of variation doesn’t need to cost anything, although legal fees depend on the complexity of the estate and the nature of the changes required. It’s important to remember that if the variation affects minors or those lacking capacity, court approval will be required.

Speak to a solicitor

Whether you are considering a deed of variation to change how an estate is distributed, or you have questions you’d like answered by a solicitor, we can help. You can call, email, or visit one of our seven offices for tailored advice.

Call us

With seven offices around the South West of England, we have multiple offices you can call.

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Email us

If you would like to drop us an email you can on info@goughs.co.uk

Visit us

With offices in Calne, Chippenham, Corsham, Devizes, Melksham and Trowbridge, you can pop in and see us. View office locations.

Speak to one of our deed of variation solicitors today

Your probate experts since 1882

Deed of variation FAQs

When can a deed of variation take place?

A deed of variation can be made at any point after someone has passed away within two years of the date of death.

Can you make a Deed of Variation if there is no Will?

In cases where there was no Will and the estate was passed using the rules of intestacy, again the recipient of any assets, may wish to look at the redistribution of them through a deed of variation.

Why do I need a deed of variation solicitor?

A deed of variation solicitor can help navigate the complex laws surrounding what happens with a person’s estate on their death. We strongly advise against writing a deed of variation yourself as there are likely to be complex legal and financial tax implications if you don’t get it right.

At Goughs, our team of specialists have expertise in tax, Trusts and estates and have years of experience helping people change a Will after someone’s death. We can advise you on the best course of action no matter how simple or complex your requirements.

Our clients rate us as excellent

Legal 500

Client orientated; they ensure the client is well informed with easy to read documents.

L C, Devizes

Our Wills were dealt with efficiently, we have already recommended your firm to our daughter and husband. Absolutely brilliant – thank you.

Sue Greenman

Everything was completed professionally and within my tight time scales. I would like to say thank you and would definitely go back to Goughs should I need help in the future.

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