Start with the change you want
You might want to provide for a family member or another person who was not included. We discuss the proposed change, whose entitlement it affects and any agreement needed.
Changing an Inheritance
Deeds of Variation
Sometimes a beneficiary wants part of their inheritance to pass to someone else. A deed of variation may provide a way to record that change. We can help you understand whether it fits your intentions and what needs to be considered before anything is signed.
Understanding your next steps
How we can help
Consider the wider consequences
A variation can have tax and practical consequences. It is not an automatic tax-saving measure. We consider the proposed arrangement and identify whether specialist advice or additional steps are needed.
With or without a will
An inheritance arising under the intestacy rules can also be varied. If a beneficiary is under 18 or cannot make the decision themselves, tell us at the outset: that needs particular legal attention.
A clear way forward
What happens next
Explain the proposal
Provide the date of death, the will if there is one, any grant, details of the inheritance and the intended recipient. Tell us whether anything has already been paid or transferred.
Review the implications
We consider the necessary parties, the effect of the change and the tax requirements relevant to your instructions. We explain any limits on the advice or further work required.
Record the agreed change
If proceeding is appropriate, we prepare the agreed document, explain the signing arrangements and address any related notification requirements within our scope of work.
Planning ahead
Fees and timescales
01 / Fees
Costs for preparing a variation
The fee depends on the proposed change and the advice required. We explain professional fees, VAT and any additional tax or other specialist work before you decide whether to proceed.
02 / Timescales
Raise the question early
For a variation to receive the relevant retrospective Inheritance Tax treatment, conditions apply, including completion within two years of death. This is not simply a deadline for starting the conversation, so contact us promptly.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
View Price GuideUseful to know
Your questions, answered
Can I change someone else's inheritance without their agreement?
No beneficiary can use a variation to reduce another beneficiary's entitlement without the necessary agreement. We check whose interests are affected.
Can a variation be considered after money has been paid out?
It may still be possible after distribution. The circumstances, timing and legal and tax requirements need to be checked.
Will it definitely reduce tax?
No. The result depends on the estate and the proposed change. Do not assume that an informal gift will have the same tax treatment as a qualifying variation.
Can I redirect only part of my inheritance?
A variation can relate to part of an inheritance rather than everything you receive. It must clearly identify what is being changed and where it will go. The effect on other beneficiaries and the relevant tax conditions still need to be considered.
Must I wait until probate has been granted?
No. A variation may be made before the grant. Waiting for probate does not extend the two-year period relevant to Inheritance Tax treatment, so raise the proposal while the estate is being dealt with.
Can the two-year deadline be extended?
For the retrospective Inheritance Tax treatment described here, HMRC has no discretion to extend the two-year limit. The required parties must sign within that period. If it has passed, seek advice about other options and their consequences rather than assuming the same tax treatment is available.
General information for England and Wales. Contact us for advice about your circumstances.
SJS Solicitors · Balham