Lawyers for Changing a Will After Death

When someone passes away, their will may not always reflect the current needs of the family. Whether it’s to provide for someone who was left out, adapt to changing family circumstances, or reduce inheritance tax, Changing a Will After Death is possible using a legal document called a deed of variation.

A deed of variation allows beneficiaries to agree on redistributing the estate, whether to support a family member not named in the Will, adjust for tax efficiency, or reflect updated family dynamics. This process can even apply to the proceeds of sold assets, such as property, ensuring flexibility in how the estate is shared.

It’s essential to act quickly, as a deed of variation must be completed within two years of the person’s death. At Mounteney, our Deed of Variation Solicitors have supported families for over 15 years, helping them navigate this process with care, professionalism, and a clear focus on their unique circumstances.

What is a Deed of Variation?

A deed of variation, or a deed of family arrangement, is a formal agreement that enables the beneficiaries of an estate to change how the estate is distributed or redirect their inheritance to someone else.

The financial planning and tax optimisation landscapes are continually evolving, and family circumstances change. With this in mind, a deed of variation is a useful tool for realigning the distribution of an estate to better suit the needs of your family, irrespective of the original terms laid out in the Will or the default rules of intestacy.

The legal foundation for a deed of variation comes from the principle that beneficiaries can dispose of their inheritance as they see fit. Specific tax legislation supports this in the UK, allowing for arrangements with retrospective effect for tax purposes to be made. For the variations to be effective for tax purposes, they should be executed within two years of the deceased’s death and must be completed in writing.

At Mounteney Solicitors our commitment to clear communication ensures you receive straightforward explanations without confusing legalese. With unparalleled advice and services in our field, we deliver unmatched value at competitive rates. Our transparent, fixed-fee pricing means no surprise costs, and our efficient approach prevents unreasonable delays.

Why Would You Need to Change a Will After Death?

A Will may not always reflect the current needs or circumstances of your family. With a deed of variation, you can make adjustments to better suit your situation. Common reasons for Changing a Will After Death include:

• You don’t need all or part of your inheritance and would like it to benefit someone else.
• You want to make a charitable donation from your share.
• Children or grandchildren born after the Will was written haven’t been included.
• You’d like to ensure fairness, for instance, if one family member has been left less than others.
• There’s a more tax-efficient way to divide the estate.

If you think a deed of variation might be the right solution for you, our experienced Deed of Variation Solicitors are here to help you through the process.

How do i Change a Will After Death?

For the progression of a deed of variation to run smoothly, you must have the correct documents. These include the original Will, indicating the deceased’s final wishes, along with any grant of probate or letters of administration to legitimise the executors’ authority to manage the estate. You will also need the financial records of the estate’s assets and liabilities, as these are critical for understanding the full extent of the estate that needs modifying.

Alongside this, you must obtain consent from all beneficiaries affected by the proposed changes; this is crucial for the deed’s legal validity and assures all parties involved are happy with the alterations. It ensures all beneficiaries agree with the redistribution and prevents future complications and disputes.

Prompt and strategic planning is crucial in securing the full range of tax advantages. For a deed of variation to positively impact inheritance tax and capital gains tax, you must execute it within two years following the deceased’s passing. This timing is essential for beneficiaries aiming to optimise tax benefits associated with the variation.

What are the Benefits of a Deed of Variation?

There are numerous benefits to a deed of variation, including:

• Tax efficiency: Beneficiaries can achieve a more favourable tax position by redirecting inheritance, which could alter the amount of inheritance tax and capital gains; this is particularly worthwhile when considering the long-term financial help to an estate and its beneficiaries.
• Estate planning flexibility: A deed of variation provides some post-death estate planning flexibility that can be invaluable in adapting to unforeseen changes or ensuring fair and impartial estate distribution benefiting all parties involved.
• Support for charitable causes: Redirecting part of an inheritance to charity aligns with humanitarian values and has associated tax reliefs, enhancing the estate’s tax efficiency.
• Addressing family dynamics: Many families have needs and circumstances that evolve over time. A deed of variation allows for redistributing assets to support members either not considered or inadequately provided for in the original Will.

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We charge £900 + VAT = £1080

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How Long Does it Take to Change the Will After a Death?

We can draft the deed of variation relatively quickly, often within a few hours, depending on our workflow and schedule. Our skilled Deed of Variation Solicitors aim to efficiently integrate new tasks into our workflow, typically starting work on new projects within a working week of initial engagement.

We know how important your time is and how sensitive these matters can be. Therefore, we strive to ensure the process from initial consultation to executing your deed of variation is as smooth and efficient as possible whilst never compromising on the quality and personalised attention that embody our services.

If you’re considering Changing a Will After a Death, our expert estate administration solicitors are here to guide you every step of the way. At Mounteney Solicitors, we provide clear, compassionate advice tailored to your unique situation, ensuring the process is straightforward and stress-free.

With over 15 years of experience, we’ve helped families navigate the complexities of deeds of variation, providing practical solutions that honour their loved one’s wishes while meeting current needs.

With conveniently located offices in Bramhall, Cheadle, Hazel Grove and Heald Green, we serve clients throughout the Stockport and Manchester area including Hazel Grove, Poynton, Wilmslow, Sale and Altrincham . Our local presence allows us to deliver a more personal and accessible service, fostering stronger client relationships.

Call us today for a personal consultation to discuss your needs and how we can assist you. Mounteney Solicitors offers a variety of contact options, including phone, email and in-person meetings at our offices in Heald Green, Bramhall and Cheadle.