46 thoughts on “Deed of Variation: Your Questions Answered”
Deed of variation.
I understand that a deed of variation needs to be written within two years of a death. I am the beneficiary of a will and will have a deed of variation prepared. However, I would like to wait beyond the two year time period to transfer the funds to my children so that they receive it when they are older.
Is this time delayed transfer allowed?
The answer to your question very much depends on the wording of the Deed of Variation, the wording of the original Will and the age of your children. Please contact us directly for further advice.
My parents died 4 yrs ago in 2021 and probate still hasn’t been done
The house is worth £200.000 and money to the value of £42.000 which the bank released to my brother not long after they died, all he had to do was show the will
No inheritance tax is due
I filled in a form which I got from the government site renouncing my obligation to be executive and also have done a deed of variation because I didn’t want to benefit
My health is very bad and I wanted to protect the inheritance in case I died leaving my brother to do as he pleases
He is single no children and intends leaving what he has to charities
This worried me and the reason I did the deed of variation to protect my children
I am also on benefits and did call the dwp tell them I had some inheritance but not received anything yet
I was told to inform them as soon as probate was completed
Now I believe I’m in big trouble for doing the deed of variation
Is this right and what sort of trouble am I in
My brother has been living at the property and it does state in the will that they would like for their son to remain in the property for as long as he wishes
He is now about to do probate himself but I’m worried he going to do it all wrong
The reason for the long delay are the has been very traumatised by several deaths since my parents past and basically just pushed it to one side until he ready
I’m now worried that I have to pay back the money Iv had because I did the deed of variation and it may look like Iv deprived myself
I didn’t want the house it needs allot of work doing on it and is not suitable for me to live in
I also don’t see eye to eye with my brother and certainly wouldn’t want to leave with him permanently
Once you have signed the deed of renunciation renouncing your role as Executor you can no longer act in the administration of the estate as you have officially stepped down from your role. This does not however prevent you from assisting your brother in the administration of the estate on an informal basis.
Often the administration of an estate, even a relatively simply estate, can be difficult for people who were close to the deceased. The responsibilities of acting as an Executor can be overwhelming but not insurmountable. Your brother may well find comfort in appointing a Solicitor to take the burden of the administration of the estate from him.
A deed of variation is a legal document which allows a beneficiary to redirect their inheritance after someone has died. Deeds of variation are often used to mitigate inheritance tax liability, they cannot be used to place the inheritance beyond the reach of creditors or to circumvent the rules for means tested benefits. If you are in receipt of means tested benefits by signing a deed of variation to redirect your inheritance elsewhere you have deliberately deprived yourself of assets. Whilst you do not have the assets you have redirected you will be deemed to be in possession of them and may have to repay benefits you have received since the date of the deed of variation and be denied future benefits. My advice would be to contact the department for work and pensions again and explain the position to them.
If you do have any further queries please do not hesitate to contact me on 01376 567280.
The city of Chelmsford is a popular location for first-time buyers in the East of England – and it’s not hard to see why. Fast trains to Liverpool Street, a genuine city feel, excellent schools, plenty of green space, and a property market that still offers real value compared to London make it a compelling […]
Dying Matters Awareness Week, led by Hospice UK, runs from 4th to 10th May 2026 and encourages individuals, families and communities to have more open and honest conversations about death, dying and bereavement. This year’s theme is Let’s Talk About Death and Dying – and it’s a conversation well worth having. For many of us, […]
Your social media, email and online accounts don't just disappear when you die - but without proper planning, your loved ones may find themselves locked out. Find out how to include your digital assets in your Will.
Deed of variation.
I understand that a deed of variation needs to be written within two years of a death. I am the beneficiary of a will and will have a deed of variation prepared. However, I would like to wait beyond the two year time period to transfer the funds to my children so that they receive it when they are older.
Is this time delayed transfer allowed?
Thank you for your comment.
The answer to your question very much depends on the wording of the Deed of Variation, the wording of the original Will and the age of your children. Please contact us directly for further advice.
My parents died 4 yrs ago in 2021 and probate still hasn’t been done
The house is worth £200.000 and money to the value of £42.000 which the bank released to my brother not long after they died, all he had to do was show the will
No inheritance tax is due
I filled in a form which I got from the government site renouncing my obligation to be executive and also have done a deed of variation because I didn’t want to benefit
My health is very bad and I wanted to protect the inheritance in case I died leaving my brother to do as he pleases
He is single no children and intends leaving what he has to charities
This worried me and the reason I did the deed of variation to protect my children
I am also on benefits and did call the dwp tell them I had some inheritance but not received anything yet
I was told to inform them as soon as probate was completed
Now I believe I’m in big trouble for doing the deed of variation
Is this right and what sort of trouble am I in
My brother has been living at the property and it does state in the will that they would like for their son to remain in the property for as long as he wishes
He is now about to do probate himself but I’m worried he going to do it all wrong
The reason for the long delay are the has been very traumatised by several deaths since my parents past and basically just pushed it to one side until he ready
I’m now worried that I have to pay back the money Iv had because I did the deed of variation and it may look like Iv deprived myself
I didn’t want the house it needs allot of work doing on it and is not suitable for me to live in
I also don’t see eye to eye with my brother and certainly wouldn’t want to leave with him permanently
Thank you for your enquiry.
Once you have signed the deed of renunciation renouncing your role as Executor you can no longer act in the administration of the estate as you have officially stepped down from your role. This does not however prevent you from assisting your brother in the administration of the estate on an informal basis.
Often the administration of an estate, even a relatively simply estate, can be difficult for people who were close to the deceased. The responsibilities of acting as an Executor can be overwhelming but not insurmountable. Your brother may well find comfort in appointing a Solicitor to take the burden of the administration of the estate from him.
A deed of variation is a legal document which allows a beneficiary to redirect their inheritance after someone has died. Deeds of variation are often used to mitigate inheritance tax liability, they cannot be used to place the inheritance beyond the reach of creditors or to circumvent the rules for means tested benefits. If you are in receipt of means tested benefits by signing a deed of variation to redirect your inheritance elsewhere you have deliberately deprived yourself of assets. Whilst you do not have the assets you have redirected you will be deemed to be in possession of them and may have to repay benefits you have received since the date of the deed of variation and be denied future benefits. My advice would be to contact the department for work and pensions again and explain the position to them.
If you do have any further queries please do not hesitate to contact me on 01376 567280.