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Beneficiary 'amending' will post death of testator

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  • Beneficiary 'amending' will post death of testator

    Hello
    My Mum is a beneficiary in a will of a relative that was made years ago. The testator was looking at amending the will to add a beneficiary, but this did not get done before their sudden death recently.

    My Mum is happy to give up a portion of the estate due to her and I understand that she can effectively make an amendment to the will, as long as this does not impact on any inheritance tax that would have been payable. The estate will need to go via probate but the amount is nowhere near the IHT threshold.

    How can this transfer of part of the estate be actioned? Does this need to be concluded via a solicitor and if so what kind of solicitor would I need to look for? Or is this something that I can help her with? ( I am not the proposed new beneficiary). Looking to get the right paperwork in place and any practical steps that need to be completed so would appreciate if someone can point me in the right direction please.

    Thanks
    Tags: None

  • #2
    Amending a will following the agreement of affected beneficiaries is known as a deed of variation. It doesn't need to be officially registered. The affected beneficiaries and the new inheritor all need to sign the deed, which can be drawn up by a contentious probate solicitor.
    It is important to get this document right first time, as there is no second chance.
    The executor or executors should be informed and agree to the change to the will

    Comment


    • #3
      Your mum has heard about what is usually called a 'Deed of Variation'. Many online solicitors' sites explain it, as does gov.uk

      Change a will after a death - GOV.UK (www.gov.uk)

      What is Deed of Variation - Explained by a Solicitor (co-oplegalservices.co.uk)

      Personally I would get a solicitor to draft it to avoid any mistakes although that isn't essential and gov.uk suggests you can simply write a letter.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        Thank you both, thats very useful. Good to know it can be done, a solicitor is probably best doing it, given some of the other issues Im uncovering. Thanks again.

        Comment

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