URGENT help needed-deed of variation

antrobus

Savvy_Sue wrote: »

I realise it may be a bit late, but my understanding was that ALL beneficiaries had to agree a DofV, rather than just the person affected.

Yes, that's why I thought too. But there was some thread not so long ago on the subject, where I believe it was established that it was actually the case that it was rather all beneficiaries effected by the variation had to agree.

all the beneficiaries who would inherit less as a result of the change must agree. - http://www.hmrc.gov.uk/cto/customerguide/page21.htm

all of the beneficiaries being affected by the variation must be a party to it - http://www.wrighthassall.co.uk/resources/factsheets/wtt_deeds_variation.aspx

Of course, that doesn't stop there being a lots of places where it says just all beneficiaries without qualification. I suspect it's a case of what you might call Prudent Legal Practice - in the sense that if I was a solicitor doing a DoV, I'd get ALL the beneficiaries to sign it off just to CMA.

Savvy_Sue

Thank you for that clarification. I'm sure that all the places where I've seen it (primarly the Which guide!) has said 'all beneficiaries', and there is always the need to Cover One's A.

Anyway, changing Dad's will is certainly simpler, so I hope the OP had the chance to help him do this.