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Deed of Variation Solicitors

Deed of Variation Solicitors

If you’re looking to change who benefits from a Will, include someone who was left out, or explore more effective inheritance tax planning, a deed of variation - meaning a legal document that allows beneficiaries to make legally valid changes to the distribution of an estate after a person's death - could be of benefit.

This can be particularly valuable when a Will no longer reflects the deceased’s likely wishes, or where there is an opportunity to support another family member, set up a trust, or donate to charity in a tax-efficient way. Provided all affected beneficiaries agree, it is possible to make a variation of deeds without contesting the Will or involving the courts.

At Walker Foster, we understand that decisions around inheritance are deeply personal. Our experienced and approachable deed of variation solicitors will take the time to understand your situation, listen to your concerns, and provide clear, expert guidance tailored to your goals. We are here to handle the process with care – from drafting the deed and advising on tax implications, to working closely with executors, trustees, or other beneficiaries as needed.

Our priority is to help you achieve a practical and fair outcome, while making the legal process as straightforward and stress-free as possible. You can rely on us to act with sensitivity, professionalism, and your family’s best interests at heart. Get in touch for advice about a deed of variation.

How Walker Foster can help with deeds of variations

At Walker Foster, we understand that family and financial circumstances can change – and that the intentions behind a Will or the terms of an inheritance may not always reflect what’s best for the beneficiaries. Whether you're a beneficiary seeking to redirect an inheritance or make provision for someone not included in the Will, a deed of variation may be beneficial. 

Our experienced Private Client solicitors are here to guide you through the process with clarity, care and confidence. We provide practical, tailored legal advice that reflects your individual circumstances and long-term goals.

  • Tax planning and family considerations: a deed of variation can play a key role in effective inheritance tax planning or achieving a fairer outcome for family members. We advise on the implications of any changes and make sure the arrangement complies with legal and HMRC requirements.
  • Clarity and accuracy: as these documents must meet specific formalities to be legally valid, our team will draft and review the deed with precision, expressing and executing your wishes.
  • Timing and administration: deeds of variation must be completed within two years of the date of death, so timing is vital. We act efficiently and with sensitivity, helping you navigate the legal steps without unnecessary delay or stress.
  • Working with executors and trustees: we regularly liaise with executors, administrators, and trustees to get the variation agreed upon, documented correctly and implemented within the broader context of estate administration.

At every stage, we are committed to providing open communication, honest advice and a personal, approachable service. Whether you are navigating a complex family situation or simply wish to adjust the terms of an inheritance for future benefit, you can rely on Walker Foster for trusted legal support. Our aim is to deliver peace of mind and a practical way forward, tailored to what matters most to you.

Why use a deed of variation?

A deed of variation provides a flexible way to adjust the terms of a Will or the rules of intestacy - whether for personal reasons, to reflect updated family circumstances, or to achieve a more tax-efficient manner of distributing the estate.

Common reasons for using a deed include:

  • Improving tax efficiency: a deed of variation can help reduce the overall inheritance tax liability or avoid triggering a capital gains tax liability when redistributing assets. For example, passing part of your inheritance to your children or to a registered charity can be a more tax-efficient way to manage the deceased's estate, potentially reducing the risk of more inheritance tax being paid later.
  • Providing for someone not included in the Will: sometimes, people close to the deceased are not included in the Will or under the intestacy rules – such as a partner who is not legally recognised, a stepchild, or a grandchild born after the Will was written. A deed allows beneficiaries to make thoughtful changes that reflect what the deceased might reasonably have intended, helping to support those who would otherwise be excluded.
  • Creating a more balanced or practical outcome: inheritances are not always straightforward. If multiple people inherit a share in a single property, for instance, it can create practical difficulties. A deed of variation allows beneficiaries to agree a more manageable and fair arrangement that works for everyone and helps avoid future complications.
  • Placing assets into a trust: where asset protection or longer-term planning is needed – for example, when a beneficiary wants to make provision for minors, vulnerable relatives, or someone in need of ongoing financial support – a deed can be used to transfer inherited assets into a trust. This allows for greater control over how those assets are used, now and in the future.
  • Resolving disputes or clarifying unclear wording: if there is confusion over a Will’s meaning, or if disagreements arise among beneficiaries, a deed of variation can offer a clear and legally binding solution. It gives families a way to resolve matters amicably and provide certainty for executors and administrators without the need for court proceedings.

Whatever your reason for considering a deed of variation – whether it’s to achieve a fairer distribution, provide for someone who was left out, or manage the estate in a more tax-efficient way – Walker Foster is here to help. We take pride in offering honest, approachable legal advice that puts your family’s needs first. Our experienced team will support you in making informed decisions and handling every detail with care, professionalism and sensitivity.

Our approach to deeds of variations

At Walker Foster, we provide clear, compassionate and professional legal guidance for individuals considering a deed of variation. Whether your aim is to achieve better tax outcomes, support another family member, or reflect what you believe your loved one would have wanted, we’re here to listen, advise and guide you through the process with care and expertise.

  • Initial consultation: we begin by meeting with you in confidence to explore your goals, concerns, and the circumstances surrounding the inheritance. This is your opportunity to share what matters most to you. Whether you’re seeking to support another relative, manage tax implications, or resolve a potential dispute, we’ll offer honest and practical advice tailored to your individual situation.
  • Reviewing the Will or intestacy rules: we will carefully review the terms of the existing Will or, where no Will exists, assess how the intestacy rules apply. This step helps us identify what adjustments might be needed and what outcomes those changes could bring. We’ll explain your options in clear, jargon-free language, so you can make informed decisions right from the start.
  • Legal advice for all parties: because a deed of variation must be agreed by all affected beneficiaries, we provide independent legal advice where needed. This helps to protect everyone’s interests and promotes transparency and trust among the parties. If any concerns arise, we’re skilled at facilitating open and constructive conversations that help move things forward smoothly.
  • Careful drafting of the deed: our solicitors will prepare the deed of variation with the utmost attention to detail. The document must meet strict legal requirements and time limits, and we will make sure it accurately reflects your intentions. We also include all necessary statements for HMRC, making the variation effective for tax purposes.
  • Managing tax implications: we provide tailored advice on how the proposed changes might affect Inheritance Tax or Capital Gains Tax, and we will include the correct wording to protect you from unintended liabilities. This is a key part of our role – helping you take full advantage of available reliefs while staying compliant with tax law.
  • Liaising with executors and trustees: we understand how important it is that everyone involved is kept informed. We liaise directly with executors, administrators and trustees to help them understand the changes and make sure they are supported in implementing them. Our team is here to handle the legal process while keeping communication open and respectful at all times.

At Walker Foster, our goal is to take the stress out of what can be a difficult decision-making process. We combine expert legal advice with a personal, supportive service – helping you protect your family’s interests and move forward with clarity and confidence.

Frequently asked questions about deeds of variation

How much does a deed of variation cost?

The cost of a deed of variation depends on the complexity of the estate and the changes being made. At Walker Foster, we are transparent about our pricing. We will provide you with a clear estimate of the costs involved at the outset.

What is the ‘seven-year rule’ for a deed of variation?

The seven-year rule does not apply to assets redirected via a valid deed of variation. This is one of its key benefits. When you make a gift from your own assets, you must survive for seven years for it to be fully exempt from Inheritance Tax on your own estate. However, with a deed, the gift is treated as having been made by the deceased person, so this rule is not relevant for the original beneficiary.

Can you change the same assets more than once?

No, you cannot use a deed of variation to change the distribution of an asset that has already been redirected by a previous deed. An asset from the estate can only be varied once.

Who can make a deed of variation?

Any beneficiary of an estate whose inheritance is governed by UK law can make a deed of variation, provided they are over 18 and have full mental capacity.

If you're thinking about changing how an inheritance is distributed from a loved one’s estate, our friendly and approachable team is here to help. We offer clear, supportive and professional advice to guide you through the process with confidence.

Get in touch to find out how a formal deed of variation could work for you and your family – and how we can help you move forward with clarity and peace of mind.

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Meet the Team

Alex RichardsonPrivate Client Solicitor
Catherine AckroydSolicitor
Cay SchofieldWills and Probate Executive
Katie HindmarshSenior Solicitor
Katie InghamHead of Private Client and Senior Solicitor
Kelly GillSenior Solicitor
Lee KirbySenior Solicitor
Leona WalkerSolicitor
Rachel HansonSenior Wills and Probate Executive
Saffiya EvansSenior Solicitor
Sarah RichardsonWills and Probate Executive
Stuart RowlandDirector and Senior Solicitor

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If you're dealing with the challenges of probate or estate administration, Walker Foster is here to offer expert advice and thorough support. Whatever complexities you may encounter, our approachable and professional team is prepared to guide you through every stage of the process.

Contact us today to speak with our experienced probate solicitors and begin managing your estate matters with a trusted partner by your side.

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