Team Image
Latest News
at Elliot Mather LLP

Like Us on Facebook

Follow Us on Twitter

We have specialists in many areas, make an appointment today

Deed of Variation

We have an expert team who are experienced in all matters regarding Probate and Estate Administration. 

We appreciate that a bereavement can leave you feeling overwhelmed. The loss of a loved one is an emotional time without having to make arrangements regarding inheritance. There may be some instances whereby you want to change the details of how an estate is distributed after the death of a loved one. Although it is not possible to alter a Will after the person has died, it is possible for a Beneficiary to sign a Deed of Variation which allows for part or all of an inheritance to be redistributed.

Free initial telephone options appointment

Our expert team are here to take the worry off your hands. We provide a free initial telephone consultation to see how we can assist in your circumstances. Please call your preferred office below for a no obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call you back.

Chesterfield – Call Jon Barber on 01246 231 288

Derby – Call Alastair Seel on 01332 372 311

Mansfield & Nottingham – Call Judi Wigmore on 01623 655 666

At Elliot Mather, our remote working capability allows us to service any client needs via telephone communication and video conferencing. Please contact us for further information.

What is a Deed of Variation?

In certain circumstances following a death, Beneficiaries in the Will (or those entitled to inherit under the Rules of Intestacy) may want to change the way in which the estate is distributed.

There are numerous reasons as to why you may want to change the distribution of an estate. Reasons may include: 

Making the distribution equal between the Beneficiaries

Providing for someone who was not included in the Will 

Providing for someone who the Rules of Intestacy do not apply to

Tidying up any uncertainty in the Will

Inheritance Tax planning reasons

How a Deed of Variation works

There are a couple of ways in which a Deed of Variation works, including:

  • A Beneficiary redirecting their own inheritance - It is possible for a Beneficiary of the Estate to use a Deed of Variation in order to alter or redirect their entitled inheritance. The Beneficiary is able to choose to redirect their share to anyone they desire. This is regardless of whether or not that person has been included in the deceased’s Will or is recognised under the Rules of Intestacy.
  • All of the Beneficiaries agreeing to redirect their inheritance – There are some instances whereby all of the Beneficiaries would need to agree to a Deed of Variation. We can advise on the circumstances where this is applicable.

We would like to point out that once a Deed of Variation has been made, it cannot be undone. This is why we suggest that you should seek legal advice before progressing matters.

Deed of Variation requirements

Before entering into a Deed of Variation, there are a number of requirements that must be considered, for example, the Variation must be made within 24 months of the death.

In order to ensure that you meet all of the requirements for a Deed of Variation, it is important that you seek legal advice first.

How we can help

Our team members all have experience of helping people at difficult times in their lives and we are committed to delivering to you a professional and confidential service.

Location

Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield, and Derby.

How to get in contact

Our team are on hand to help you and can assist wherever you are based. Please call us for a no-obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call or email you back.

Chesterfield – Call Jon Barber on 01246 231 288

Derby – Call Alastair Seel on 01332 372 311

Mansfield & Nottingham – Call Judi Wigmore on 01623 655 666

At Elliot Mather, our remote working capability allows us to service any client needs via telephone communication and video conferencing. Please contact us for further information.

Andrew Yates

LLP Member and Head of Department

Andrew joined Elliot Mather LLP in 2000 as a Legal Executive and subsequently qualified as a Solicitor.  He has been an LLP Member since 2008 and is now head of the Residential Property Department.  

His vision, experience, knowledge and IT skills have been key to the development of the Residential Property Departments across the practice over the last 15 years.   Andrew has a wealth of experience of all types of property transactions and specialises in:-

  • Residential sales and services and purchases.
  • Rights to buy
  • Transfer of equity
  • Re-mortgage/bank security
  • Equity release
  • Deed of Easements
  • New Builds
  • Complex Legal Charges
  • Declaration of Trust
  • Property Developments
  • Complex Property Transactions.

Andrew has a friendly, no nonsense approach to work which is appreciated by clients, Estate Agents, Developers and his staff alike.

Share:

Tags

Logo

Elliot Mather LLP maintains professional indemnity insurance in accordance with the rules of the Solicitors Regulation Authority. Details of the insurers and the territorial coverage of the policy are available for inspection at our offices.

Registered Office: St. Mary's Court, St. Mary's Gate, Chesterfield, Derbyshire, England, S41 7TD

VAT Number: 126 3019 03

Regulatory Notice: Elliot Mather LLP is a limited liability partnership. Partnership number OC321320.

Authorised and regulated by The Solicitors' Regulation Authority. To view code of conduct visit www.sra.org.uk/code-of-conduct.page

Latest Posts