Variation of Will or intestacy after death—Q&As
Variation of Will or intestacy after death—Q&As

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Variation of Will or intestacy after death—Q&As
  • Precedent deed of variation
  • Formalities for execution of variation
  • Parties to the variation
  • Timing of deed of variation
  • Variation of minor interests
  • External consideration
  • Subject of the variation
  • More than one variation
  • Amending or revoking the variation
  • more

A deed of variation may be made to vary the disposition of an estate made by the deceased’s Will or on intestacy.

There are formal requirements for such a variation to be effective for inheritance tax (IHT) and capital gains tax (CGT) purposes (under section 142 of the Inheritance Tax Act 1984 (IHTA 1984) and section 62 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) respectively)—including that the deed must be in writing, include the relevant statement that the statutory provisions are to apply, not be for any extraneous consideration and be signed by all relevant parties, including the deceased’s personal representatives (PRs) where the variation results in further tax becoming due.

For information on deeds of variation, see Practice Note: Variation of Will or intestacy after death. See also Practice Note: Post-death rearrang