Who it's for
- Beneficiaries who want to pass an inheritance to children, grandchildren or a charity
- Families adjusting an estate after a death in England or Wales
- Take legal and tax advice before signing — the deed is binding and irrevocable
What's included
- About this template — what a deed of variation does and when to take advice
- Part A — The estate and parties: the deceased, grant, personal representatives, will date and estate value
- Part B — The parties to the deed: redirecting beneficiaries and the new beneficiary
- Part C — The deed (6 clauses): background, the variation, tax elections (IHT s.142 and CGT s.62(6)), no consideration, personal representatives, general
- Part D — Execution as a deed with witness blocks
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See what's in the bundle →Key points covered
- Must be made within 2 years of the date of death
- Statements under s.142 IHTA 1984 and s.62(6) TCGA 1992 so the variation is read back to the date of death
- The redirecting beneficiary must receive nothing in return
- If the variation creates extra IHT, the personal representatives must notify HMRC within 6 months
- Each party signs in front of an independent witness
Read the guide
Related documents
Questions
What is the time limit?
The deed must be made within 2 years of the date of death.
Do the executors need to sign?
Only if the variation creates extra inheritance tax, or if they are a party because administration is not complete. The template covers both.
Can I be paid for redirecting my inheritance?
No. A variation supported by payment or another benefit does not qualify for the tax treatment.
Should I take advice?
Yes. A deed of variation is irrevocable once signed, and the tax effects depend on the whole estate.
Deed of Variation
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