Q&As

A deceased person's Will left the whole estate to the surviving partner (the partner). The partner died within a year after the first death, leaving the partner's estate to several beneficiaries, including minors. Both estates are subject to inheritance tax. Can a Deed of Variation be executed to redirect the estate of the first to die, so that the estate can go directly to the beneficiaries of the partner's estate? If so, who needs to execute the deed?

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Published on LexisPSL on 03/01/2020

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A deceased person's Will left the whole estate to the surviving partner (the partner). The partner died within a year after the first death, leaving the partner's estate to several beneficiaries, including minors. Both estates are subject to inheritance tax. Can a Deed of Variation be executed to redirect the estate of the first to die, so that the estate can go directly to the beneficiaries of the partner's estate? If so, who needs to execute the deed?

We have assumed that the deceased and the surviving partner were not married or registered civil partners. We also assume that the surviving partner's estate would suffer an inheritance tax liability, regardless of the inheritance from the first death.

A deed of variation can be effected by the personal representatives of a legatee who survives the deceased but who dies within tw

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