Q&As

Where a Will leaves the residuary estate to A only, and a deed of variation of the Will is executed by A 11 months after a grant of probate and within two years of death such that the residuary estate is split equally between A, B and C, and the estate is distributed on that basis, what would be the positions of A, B and C should the Will subsequently be declared invalid?

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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP
Published on LexisPSL on 10/02/2021

The following Wills & Probate Q&A produced in partnership with Oliver Auld of Charles Russell Speechlys LLP provides comprehensive and up to date legal information covering:

  • Where a Will leaves the residuary estate to A only, and a deed of variation of the Will is executed by A 11 months after a grant of probate and within two years of death such that the residuary estate is split equally between A, B and C, and the estate is distributed on that basis, what would be the positions of A, B and C should the Will subsequently be declared invalid?

Where a Will leaves the residuary estate to A only, and a deed of variation of the Will is executed by A 11 months after a grant of probate and within two years of death such that the residuary estate is split equally between A, B and C, and the estate is distributed on that basis, what would be the positions of A, B and C should the Will subsequently be declared invalid?

As a matter of English law, the beneficiaries of a deceased person’s estate are entitled to alter the disposition of the whole or part of the estate, whether it passes under the deceased’s last Will or the intestacy rules (as set out in Parts III and IV of the Administration of Estates Act 1925). A variation must be made by deed and can be made either during the administration of an estate or after the assets have been distributed. If the deed of variation is executed within two years of the deceased’s death and complies with section 142 of the Inheritance Tax Act 1984 and section 62(6)–(10) of the Taxation of Chargeable Gains Act 1992, the variation will be treated for taxation purposes as if it had been effected by the deceased on his or her death.

A beneficiary only has the power to vary his or her own interest in the deceased’s

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