This guide to our deed of variation for intestacy explains key points relating to our template. It is a summary of the full guide that the document template download includes.
Use the template when a person entitled to an inheritance from someone who has died without leaving a will (or at least no valid will), i.e. who died intestate, now wants to redirect that inheritance (or part of it) to another person.
When to use the Deed of Variation
It comes with a few options for you to choose from, so it works:
1. to redirect an inheritance (or part of it); or
2. for property which was jointly owned with the person who has died in an arrangement known as a “joint tenancy” (for example their house). Due to the death, this transfers automatically to the surviving owner; or
3. to redirect an inheritance into the hands of either (a) a person entitled to inherit from the deceased’s estate or (b) a person who was not a beneficiary of the estate; or
4. where the personal representatives of the deceased have not taken out letters of administration, provided that the estate is sufficiently small that you do not need to obtain letters of administration; or
5. whether the original inheritance was due to go to one or more people, and whether it is now being redirected to one or more people.
Do not use this template for a person who died with a proper will. In such a situation, instead you should use Legalo’s deed of variation for will template – click on the link.
The Deed of Variation can be put in place before or after Probate has been obtained.
Please note that you have a strict time limit of two years from the date of the death of the deceased to put the Deed of Variation in place. After two years it is no longer possible to vary the beneficial entitlements arising under the intestate estate.
How to use our Deed of Variation Intestacy template
You can download the deed of variation Intestacy in Word format. Once you have completed it, you can print it and get it signed by the relevant people. We include detailed guidance notes with the Word document download to assist you.
Use the guidance notes to complete the template document with ease. They take you step-by-step through completing the document, explaining each clause as you go.
You also have the option to convert the word version of the Deed of variation into a PDF document.
Please note that the Deed should be signed by each of the beneficiaries that have been affected by the variation. The personal representatives of the deceased should also sign only if the deed increases the amount of Inheritance Tax due on the estate.
For more information on the intestacy rules, as to who is entitled to inherit in this situation, see the “In Brief” website at http://www.inbrief.co.uk/estate-law/rules-of-intestacy.htm.
If you need tax advice on the effect of the deed, you should obtain advice from a tax specialist. For example, a firm of solicitors with a good a probate department.
Unfortunately, giving tax advice is outside of Legalo’s remit. However, you can use our ‘Find a Solicitor’ service and we can put you in touch with a suitable probate solicitor.
Do I need to register a Deed of Variation?
You do not need to register a Deed of Variation of Intestacy. However, if the variation will result in additional Inheritance Tax becoming payable, then what you do need to do is notify HMRC.
You do this by writing to them and sending a copy of the Deed of Variation. You can read further about on the requirements: see the HMRC website.
Clauses in our Deed of Variation for Intestacy
To read more about this template, please see our very similar Guide to our Deed of Variation for Will (click on the link) and scroll down the page until the heading “Clauses in this Deed of Variation for Will”.
Please ignore any references in it to the will and assume we are talking about the intestacy situation. You will receive the correct guide to our Deed of Variation for Intestacy with the download when buying the template.
Do browse the full range of our Wills and Probate templates that are available.