Deed of Variation

Our experienced solicitors can help you to change a person’s will after their death. Contact Fan Harrhy Law for guidance and advice.

The death of a loved one is always a challenging time and this stress can be exacerbated by complications with the will. Some probate disputes can be resolved amicably with a deed of variation. Fan Harrhy Law can help you to learn more about deeds of variation while offering empathetic, knowledgeable support.

Deed of Variation

A deed of a variation is a document that changes a person’s will after their death. There are many factors that need to be considered in order for this to take effect. You cannot change other people’s inheritance without their permission, so all beneficiaries who will be affected by the changes must agree to them. Changing a will like this will generally have tax implications, so you may also need to alert HMRC or the Land Registry.

Additionally, a deed of variation can be disputed or undone if the proper steps aren’t taken. Due to the complicated nature of the variation process, it is recommended that you seek legal advice before trying to change a will. Fan Harrhy Law’s solicitors have the expertise needed to ensure you are properly informed before you move forward with a variation.

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Frequently Asked Questions

Deed of Variation FAQ

Why would I want to change someone's will?
A deed of variation can be useful for resolving disagreements in the aftermath of a death, particularly in instances where someone feels they have been unfairly left out of the will. You can use a deed of variation to change the will and resolve this dispute, provided all relevant beneficiaries agree. You may also wish to alter a will to change the amount of inheritance or capital gains tax.

Can I use a deed of variation to move assets into a trust?
Yes, you can use a variation to move assets into a trust. As with other variations, you will need the permission of all relevant beneficiaries to do this.

How long do I have to make a variation to a will?
You have up to two years from the date of the person’s death to make a variation.

How long does a deed of variation take?
If all beneficiaries are in agreement, then a deed of variation may only take a few weeks to go through. However, in some cases you will need to apply to the courts, which can be a much lengthier process.

When does a deed of variation have to go through the courts?
There are a few instances where a will change will not be straightforward, and you may have to get the courts involved – for example, if beneficiaries are in disagreement over a proposed change to the will, or if any beneficiaries are under the age of 18. If you aren’t sure whether your circumstances will require court involvement, speak to Fan Harrhy Law for advice.

Will I need to contact HMRC about a deed variation?
You may need to contact HMRC if the deed variation has increased the amount of inheritance tax that needs to be paid. In this case, you have 6 months to send a copy of the variation to HMRC (starting from the date the variation is made).

Deed of Variation Services

Get in touch with Fan Harrhy Law today to speak to our solicitors about a deed of variation. We are based in Penarth, South Wales – but our services are available to clients throughout Wales and England.

Deed of Variation Solicitors

Deed of Variation FAQ