Deed of Variation Solicitors
Expert advice on changing how inheritance from an estate is distributed after death.
When circumstances change after someone dies.
Sometimes a will is legally valid but no longer feels right in practice.
A beneficiary may not need the inheritance. Family circumstances may have changed. Tax planning opportunities may only become clear once the estate has been reviewed. Or there may be a wish to provide for children or grandchildren in a more structured way.
A deed of variation allows beneficiaries to redirect all or part of their inheritance after death. When done correctly, it can alter the way assets pass for inheritance tax and capital gains tax purposes.
Our deed of variation solicitors advise individuals and families across London and the South East on whether a deed of variation is appropriate, how it should be structured, and how to ensure it is legally and tax-compliant.
This is not simply a form-filling exercise. It is a strategic decision that affects families, future planning and tax exposure.
Call us on 0808 2562 917 or
What is a deed of variation?
A deed of variation is a formal legal document that changes how an estate is distributed after someone has died.
It can:
- Redirect an inheritance to another individual.
- Place assets into trust.
- Provide for children or grandchildren.
- Support charitable giving.
- Improve inheritance tax efficiency.
- Address unintended consequences in a will.
The deed of variation must be completed within two years of death to benefit from favourable tax treatment under inheritance tax and capital gains tax rules.
All affected beneficiaries must agree. It cannot be imposed.
Changing an inheritance needs careful planning
Even a simple variation can have wider consequences for family relationships, tax exposure and future claims. Once signed, it is usually final.
A deed of variation can affect:
- Inheritance tax and overall estate efficiency.
- Capital gains tax position.
- Asset protection and future relationship claims.
- Eligibility for means-tested support.
- Long-term succession planning.
If it is drafted incorrectly, the intended tax treatment may fail. If wider implications are not considered, problems can arise later.
The decision should be taken with a full understanding of both the immediate impact and the longer-term consequences.
Call us on 0808 2562 917 or
Why clients choose Thomas Mansfield Solicitors.
When you are making changes after someone has died, you want to be certain you are doing the right thing.
A deed of variation may look simple on paper, but the tax and family implications can be significant. It deserves careful, experienced advice.
As specialist private client solicitors:
- We focus exclusively on wills, estate planning, probate and related disputes.
- We are Lexcel-accredited.
- We explain complex issues in plain English.
- We are experienced in higher value and more intricate estates.
- We advise clients across London and the South East.
Clients come to us for steady, sensible guidance. We look at the wider picture, identify the risks early and help you move forward with confidence.
Meet our team
Discuss a deed of variation with our private client team.
If you are considering redirecting an inheritance, early advice is important. The two-year deadline can approach quickly.
Next steps
Frequently asked questions
Can an executor be personally liable?
Yes - an executor can be personally liable if debts or inheritance tax aren’t settled before assets are distributed or the estate is not administered correctly. Get specialist probate advice to avoid personal exposure.
Do I need a solicitor for probate?
You are not legally required to instruct probate solicitors. However, executors and administrators carry personal responsibility for administering the estate correctly. Misreporting taxes, prematurely distributing assets, or overlooking liabilities can leave you personally liable. Many people seek professional help for peace of mind with property, tax or complex family issues.
How long does probate take?
The timescale depends on the complexity of the estate, whether inheritance tax is payable and how quickly information can be gathered. Straightforward estates may progress more quickly, but property sales, complex assets or HMRC queries can extend the process. Probate Registry times also vary. Our probate solicitors provide realistic guidance at the outset and keep you updated so you understand what to expect at each stage.
How soon after a death should probate be started?
There is no strict deadline to apply for probate, but inheritance tax reporting has specific time limits and interest may accrue if payments are delayed. It is usually sensible to seek advice once the initial financial information is available.
What are Letters of Administration?
Letters of Administration are issued when someone dies without a valid will, or where no executor is able to act. They give a person legal authority to deal with the estate - collecting assets, paying debts and distributing to beneficiaries. The person appointed is called an administrator rather than an executor. In practical terms, Letters of Administration serve the same purpose as probate, but apply in different circumstances.
What happens if there is no will?
If someone dies without a valid will, they die intestate. The estate passes under intestacy rules, which set out who inherits and in what order. A close relative will usually apply for Letters of Administration instead of Grant of Probate – this can leave unmarried partners with nothing. Our probate solicitors will explain which laws affect your estate, whether inheritance tax applies and will apply for Letters of Administration on your behalf.
What happens to jointly owned property?
Where property is owned as joint tenants, it will pass automatically to the surviving owner and may not form part of the probate estate. However, if property is owned as tenants in common, the deceased’s share will pass under their will or the rules of intestacy and probate may be required.
How much does probate cost?
The cost of probate depends on the complexity of the estate and the work involved. Some estates are straightforward and require limited legal input, while others involve multiple assets, property, tax reporting or complex family circumstances. Our fees are based on the work required rather than a percentage of the estate value. This means costs remain proportionate and transparent.You can view typical fee ranges and examples on our probate pricing information page. Once we understand the circumstances of the estate, our probate solicitors will provide a clear estimate of the likely costs.
Contact us
Getting in touch couldn’t be easier. Use our form or call us to speak to an experienced solicitor in confidence.
Please note we cannot offer legal aid.