Wills, Probate and Elderly Client Services Department

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 Wills and Probate team are here to take the worry off your hands and put your mind at ease. We provide a free initial telephone consultation to see how we can assist in your circumstances. Please call 0330 333 2613 for a no obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call you back.

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:  

1. Making the distribution equal between the Beneficiaries
2. Providing for someone who was not included in the Will
3. Providing for someone who the Rules of Intestacy do not apply to
4. Tidying up any uncertainty in the Will
5. 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 on 0330 333 2613 for a no-obligation, initial discussion or email enquiries@elliotmather.co.uk and we will call or email you back.

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.