Releasing part of inheritance early

[DamoUK]

I am the executor for my step-uncle who died intestate. His sister and sole beneficiary wrote a deed of variation to redistribute the inheritance to her daughter, me and our cousins, in equal shares. I have probate and am nearing the end of sorting out all of the estate with just some shares to sell and then inheritance tax to be slightly adjusted.

One of the beneficiaries has asked if they can have part of their inheritance early to help them out with a housing issue. Releasing the money to them will still leave plenty of money to resolve any final IHT bill for the adjustment.
i have a couple of questions:

1. Am I allowed to do this? And 2. do I need to do anything special when releasing those funds if it is acceptable?
3. does a deed of variation actually need registering anywhere? There’s nothing on the guidance that I can find.

thanks for any help.

[Sam101]

The executor can make a partial distribution, but they are liable if there is a claim in excess of the residue to be distributed.

It would be prudent for the executor to obtain a written request for the sum, acknowledging that should there be a claim on the estate before it has been fully distributed, then the recipient may be called upon to repay part of the advancement .

This from a google search - A deed of variation doesn't need to be officially registered. The beneficiaries of the will, those affected by the changes, and any new inheritors all need to sign the document. After that, the executor of the will – the person managing the deceased's estate – must agree to the changes.

[DamoUK]

Sam101 Thanks for the help, much appreciated.

[Sam101]

Having received Probate, the Deed of Variation would have been given to the Probate office WITH THE WILL. I am confused when you initially said your Uncle died intestate. A Deed of Variation is to vary a Will. Can you please clarify as some mistakes may have happened

[sederunt]

I am confused when you initially said your Uncle died intestate. A Deed of Variation is to vary a Will. [/QUOTE]

A deed of variation can also be used to redirect an inheritance entitlement under the laws of intestacy.

[Sam101]

Sorry, you are correct. I replied too quickly.

[DamoUK]

Sorry, you are correct. I replied too quickly.

Hi,

Sederunt is correct, the DoV was written to adjust the distribution and override the laws of intestacy. So to your previous reply and just to be certain, is there anything I need to do with the DoV, other than follow the distribution of the estate written in it?

[Sam101]

As you have received Probate as the executor you can proceed in accordance with the Will and DoV.