• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Deed of Variation

  • Filter
  • Time
  • Show
Clear All
new posts

  • Deed of Variation


    After the passing of my father I was appointed the executor in his Will, and have obtained probate, and in most respects completed the administration of his Will.

    The majority of the estate was passed to my Brother and Sister, and the Will clearly stated that the testamentary expenses would be met equally between my Brother and Sister (i.e. 50/50)

    Because my brother was married, it was in his interest to use a "Deed of Variation" so that his inheritance was equally split between his wife and himself. As executor I agreed to this alteration because it cost nothing, and would be advantageous to him from a tax perspective going forward.

    When all this had been completed and I presented the testamentary expenses to my Brother and Sister, my Brother refused to pay. After months (Well over a year actually) of arguing, I eventually snapped, and started a small claims action to recover these expenses.

    In his response to the claim he has stated that his solicitor has advised him that because the "Deed of Variation" did not contain a specific clause explicitly stating that I still intended to recover the testamentary expenses, he's within his rights to refuse to pay!

    I'm sure this cannot me the case, as why would I approve a "Deed of Variation" which disadvantages myself. The "Deed of Variation" clearly performs only the act of splitting his inheritance equally between himself and his wife, and makes no reference to any other part of the Will being executed.

    If he was right a "Deed of Variation" would need to be a whole new Will, not just a variation of part of the terms. Can anybody advise on if my interpretation is sound. I cannot believe that his view could be supported in Law, and that all the other terms of the Will (Including the testamentary expenses) remain valid.

    FYI: My own solicitor at the time I was preparing this "Deed of Variation" checked the Deed, and did not make any such comments that I may be writing off the testamentary costs. I feel that if he's correct I have good cause to challenge my own solicitor's advice that the Deed was OK.

    Many thanks,
    Tags: None

  • #2
    Hi Donchick,
    Just to clarify, did the brother and sister receive the residue of the estate or were they specific gift legacies such as sums of money, a property for example.

    The wording of the Will is relevant as to where the testamentary expenses come from. Hopefully with a little more information we can point you in the right direction.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.


    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.

    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.


    See more
    See less

    Court Claim ?

    Guides and Letters

    upgrade to vip

    Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

    only £15/yr

    Offers available. No subscription traps.

    sign up now

    Search and Compare fixed fee legal services and find a solicitor near you.

    Find a Law Firm