Deed of Variation - Changing a Will After Death

Plans for the future are how we protect our loved ones in the long term, especially when it comes to making a Will or otherwise providing for them after death. However, even the best-laid plans are not concrete and the need to change them could occur even after your passing. In such an event, this is where Gorvins can help to guide your family through gaining a Deed of Variation for Property and Lease.

Despite what you may believe, changing a Will after death is possible. It is also possible to so without the need to contest a Will outright, thus ensuring amicable relations are maintained between family members even through what can be called strained circumstances.

What is a Deed of Variation?

A Deed of Variation is a device which, after death, means that a beneficiary can pass entitlement given to them in the terms of a Will to another person. This means that the new Deed of Variation can be written into the Will as if the deceased had made the new gift themselves – which is useful for Inheritance Tax & Capital Gains purposes.

Gorvins Approach to Changing a Will After Death

Our approach is to put you first; Gorvins strive to do what is best to ensure your interests and wishes are protected above all else. If you wish to alter a loved one’s distribution of their estate, then we can help guide you through the Deed of Variation required when changing a Will after death. Another name for this is a Deed of Family Arrangement.

A Deed of Variation can be used by any beneficiary who receives a gift under a Will, allowing them to redirect their inheritance to another person. This is irrespective of whether or not they were named in the original Will. Changes can be made so long as all of the executor’s beneficiaries of the Will agree and sign off on the changes. Any changes made by a Deed of Variation need to be made within two years of death, they can also be done before or after a probate is obtained.

At Gorvins, we understand that changing a will after death can be a stressful process to go through. That is why we strive to make the process as simplified and easy as possible for you.

Reasons for a Deed of Variation

Changing a Will after death in a Deed of Variation for property and lease (or any other assets) can occur for any number of reasons. Including:

• Balancing of bequests, for example, if one child was left a much larger percentage of assets than another.
• Removing any uncertainty surrounding a Will.
• Providing for anyone that was left out of a Will – an example of this is when a grandparent leaves assets to an older grandchild but does not update a will when subsequent grandchildren are born.
• Redistributing an estate to make it as inheritance-tax efficient as possible.

One way to avoid the changing a Will after death with a Deed of Variation for property and lease is to keep a Will up to date. Ensuring everyone is provided for is vital and so should not be left to chance. Any changes need to coincide with changes to circumstance – such as the birth of new family members – in order to ensure they are provided for after death.

How Can Our Solicitors Help?

Do you need help with changing a will after a death? Contact our expert team of will, trust and probates solicitors today for all of your Deed of Variation property and lease needs, simply call on 0161 930 5151 or e-mail willsteam@gorvins.com. Alternatively, you can also fill in our online form and one of our solicitors will get back to you.