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Variation of deeds to keep benefits

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  • Variation of deeds to keep benefits

    Can a deed of variation be used to give away inheritance so you stay under benefit limit for pension housing and community charge benefit ..

    it's obvious to me that if you can pay your way you pay it . Sadly I'm being told this is legal on a beneficiary I'm executor for .. please be honest if this is a genuine loophole I'll sign but I'm sure solicitor is using her by pretending it's inheritance avoidance not benefit
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  • #2
    Hi Redseashell,
    A Deeds of Variation alters the effect of a Will or the intestacy provisions by passing to someone else any property that the operation of a Will or the law of intestacy gives them. They are not liked by Government as they can be used to regig inheritance tax for example as you intimate but the Government has not prevented their creation at this time so they are legal.
    Whether morally you agree is another matter but at this time the law cannot force someone to accept a legacy.
    Hope that clarifies for you.
    I am a qualified solicitor and 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.

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