A deed of variation allows beneficiaries to change how an estate is distributed after someone has died.
Our experienced deed of variation solicitors advise individuals, families, and executors on whether a variation is appropriate, how it should be structured, and the tax and probate implications involved.
We act for clients across England and Wales, offering clear, practical advice during what is often a sensitive time.
Our advice often sits alongside wider estate planning, probate, and inheritance tax considerations, ensuring changes are handled correctly and efficiently.
Contact our private client team to discuss your situation in confidence.
What Is a Deed of Variation?
A deed of variation is a legal document that allows beneficiaries to alter their entitlement under a Will or intestacy, provided certain conditions are met.
Our will-writing solicitors can also help clients plan ahead to reduce the risk of issues arising after death
It does not rewrite the Will, but instead redirects part or all of a beneficiary’s inheritance. Importantly, a deed of variation can be treated for tax purposes as if the new arrangement had been made by the deceased.
For a more detailed explanation of how deeds of variation work in practice, you can read our guide What is a Deed of Variation?, which explores common scenarios and key benefits.
When Is a Deed of Variation Used?
A deed of variation is commonly used where:
- Inheritance tax planning opportunities were missed
- Family circumstances have changed since the Will was written
- A beneficiary wishes to redirect their inheritance
- Provision for children or grandchildren was excluded
- Assets should pass to a surviving spouse or charity
In many cases, deeds of variation form part of broader inheritance tax planning, particularly where an estate may otherwise exceed available allowances or reliefs.
Each situation must be assessed carefully, particularly where tax reliefs or capital gains implications may apply.
Do You Need a Solicitor for a Deed of Variation?
While there is no prescribed template, a deed of variation must meet strict legal and tax requirements to be valid.
In practice, taking advice from a solicitor is strongly recommended where:
- Inheritance tax or capital gains tax is involved
- The estate is complex or high-value
- Probate has already been granted
- There is any risk of future challenge
Errors can invalidate the document or create unexpected tax liabilities. Our solicitors ensure the deed is drafted correctly and executed within the required timeframe, working closely with colleagues who advise on wills and estate planning where needed.
If there is disagreement between beneficiaries or concerns about pressure, capacity or validity, we can also advise on will disputes and contesting a will.
Deed of Variation and Probate
A deed of variation can be completed before or after probate, provided it is executed within two years of the date of death.
Where probate has already been granted, additional care is needed to ensure the variation is effective and does not conflict with estate administration or distributions already made.
We regularly advise executors and beneficiaries on deeds of variation during ongoing probate and estate administration, securing compliance with legal and tax requirements.
Can a Deed of Variation Be Challenged?
A deed of variation may be open to challenge if:
- Not all affected beneficiaries consented
- A beneficiary lacked capacity
- The document was improperly executed
- There was undue influence or pressure
Independent legal advice helps reduce these risks and provides clarity for all parties involved, particularly where significant assets or future tax exposure are concerned.
How Much Does a Deed of Variation Cost?
The cost of a deed of variation depends on:
- The complexity of the estate
- Whether tax planning is involved
- The number of beneficiaries
- Timing in relation to probate
Simple deeds may be relatively straightforward, while more complex variations involving inheritance tax planning need detailed advice and coordination with executors.
We are transparent about fees and will explain likely costs at the outset.
Why Choose Monan Gozzett as Your Deed of Variation Solicitors?
- Extensive experience in wills, probate, and estate planning
- Clear advice focused on practical outcomes
- Sensitive, client-centred approach
- National coverage with in-person or virtual meetings
Our main office is in Arundel, with appointment locations including London, Surrey, Hampshire, and Yorkshire.
We advise clients across England and Wales and regularly support individuals alongside our will writing, probate, and inheritance tax services.
Frequently Asked Questions About Deeds of Variation
All beneficiaries affected by the change, aged 18 or over and with capacity, must sign the deed.
Yes. It must be completed within two years of the date of death to be effective for tax purposes.
It can, when structured correctly, by redirecting assets to take advantage of available reliefs. It does not eliminate tax but may reduce liability. Advice from inheritance tax solicitors is often advisable.
Yes. A deed of variation is the legal mechanism for doing so, provided all conditions are met.
Generally, no, but it must be properly executed and retained, and HMRC notified where tax is affected.
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved