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Grant of Probate -Old Will used not Deed of Variation

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  • Grant of Probate -Old Will used not Deed of Variation

    Hello Legal Beagles,
    Your help and guidance please.
    We challenged my mothers original will on the basis of Dementia and Testamentary Capacity & put a caveat in place.
    Mum's Original Will was the estate to be shared equally between 3 ( 2 daughters and a grand daughter of which 1 daughter and the grand daughter are named executors!).
    For info - mum had 5 children -2 sons and 3 daughters, therefore 2 sons and a daughter left out of the Will!
    After months of negotiation a Deed of Variation has been agreed where the estate is to be shared equally 6 ways - for Mum's grand children).
    Upon agreeing the Deed of Variation via our respective solicitors, we cancelled the caveat in order that Probate can be Granted.
    Probate has been granted on 1st September 2020 but the Will associated with the Grant of Probate on the Gov.uk/probate registry website is the Original Will and NOT the Deed of Variation version.
    My questions are -
    1/ Legally should the agreed Deed of Variation Version of the Will be used for Grant of Probate and therefore put on Public Record.
    2/ Should we be very worried about this and urgently prompt our solicitor to contact the executors solicitors.

    Any help and guidance on this will be greatly appreciated

    Many thanks
    Tags: None

  • #2
    Have the deed of variations been signed ?


    • #3
      Originally posted by Kezwhi View Post
      Have the deed of variations been signed ?
      Yes, by the original beneficiaries.


      • #4
        So as you know, a deed of variation is irrevocable! It is a legally binding document once it has been signed. The solicitor keeps the original and the beneficiaries get sent a copy for their records.


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