Can a Deed of variation be cancelled after a grant of probate has been given using it

linda44

My sister has tricked me.
My father died in November 2010. My mother died in 2003
Neither of my parents wanted to leave my sister Jane anything as she is a spendthrift and squanders any money she gets.
She has never worked. Only lived on benefits.

My father was coerced by my sister Jane to change her will to leave everything to her. His original will was 4 ways not including her.

I was going to contest my fathers will, so I put a caveat on at probate.
One year ago, 4 years after his death, Jane decided to do a deed of variation.
She hired a lawyer.

A deed of variation was signed by both of us to vary fathers share of the house.
I removed the caveat in aug 2015, so that Jane can get a grant of probate, on condition that the transfer of the house be done, as the deed of variation,

as soon as reasonably possible .
The caveat was removed because Jane told me she was leaving the country in August.

Jane remained the executor and was sole beneficiary but the deed varied the will, to leave all to 4 equal shares not including her.
Jane got her grant of probate and immediately cashed in fathers shares and bank accounts but moved into the house that is supposed to be transferred to Sarah.

She then told me she wasn't going to leave the country till September.

It was agreed by all 4 of us that the transfer of father's share of the house should go to my daughter Sarah, as she is the only one without a property.

A transfer for land registry was signed by Jane and Sarah, but not dated, as the lawyer said Jane has to agree on a move out date first. It was agreed that the transfer take place on 7th December.
Jane now says she does not want to do as the deed says, but wants a share of the house. She now wants to sell the house.

We all disagree as she has already had a lot of money from father.

As Jane is the executor and has started to benefit from the deed, can I have Jane removed as an executor and appoint my daughter Carol to continue to deal with the estate.
What rights do I have? What should I do?

SeniorSam

A Deed of Variation can only be doe within two years of he death. If a solicitor did this it is incorrect.

If you feel that the solicitor has acted incorectly, then you can take action on this. However, you should speak with him about te Deed of Variatiuon and time limits and see what se says.

As Jane is sole executrix, she could only be removed through the Probate Court, but again, suggest youspeak with them and explain the position and see what they suggest.

Sam

linda44

The solicitor did the deed. It is legal. Jane does not want to follow the deed.

TBagpuss

Assuming the deed is valid then it is now binding. If the deed specifically says that the house is to be vacated and transferred then as executor she is obliged to do that.

In any case, as executor she has an obligation to carry out the terms ofthe will (as varied) and to act in the best interests of the estate and beneficiaries. She cannot give herself preferential treatment.

If she is living in the hosue she is getting a beenefit over and above her quarter share - how is that going to be accounted for?

linda44

As I mentioned in my post above Jane is not one of the four getting a share "Jane remained the executor and was sole beneficiary but the deed varied the will, to leave all to 4 equal shares not including her" She now wants a share so it will be divided 5 ways. We are not in agreement to change the deed.

Mojisola

linda44 wrote: »

The solicitor did the deed. It is legal. Jane does not want to follow the deed.

Go back to the solicitor and pay for a legal reminding Jane of her legal obligations.

linda44

The lawyer has not advised me that he is not going to transfer the property as agreed. Should I still pay him to remind Jane or wait. It is not meant to be transferred till 7th December. It is Jane who wishes it not to be transferred.

Yorkshireman99

linda44 wrote: »

The solicitor did the deed. It is legal. Jane does not want to follow the deed.

Legally she has no choice. She needs to be told politely but firmly that if she will not do so she will be forced to by legal action and that she will be able for the costs of doing so. Don't let her bully you.

Mojisola

linda44 wrote: »

The lawyer has not advised me that he is not going to transfer the property as agreed.

If Jane is the executor, how can the solicitor go ahead with the transfer?

linda44

As I mentioned in my original post "A transfer for land registry was signed by Jane and Sarah, but not dated, as the lawyer said Jane has to agree on a move out date first. It was agreed that the transfer take place on 7th December" So will the solicitor not go ahead as agreed. He did agree in the Deed that he would transfer as soon as reasonably possible as soon as a grant of probate was obtained. He dealt with the grant of probate in August it was obtained.. We all agreed that 7th December was acceptable.

konark

Your father died in 2010, when is the Deed of variation dated? It must be done within 2 years of the testator's death. If done afterwards it may not be valid at all.