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

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  • RAS
    RAS Posts: 35,514 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Either Jane is living in the house, or it has been empty for 4 years?
    If you've have not made a mistake, you've made nothing
  • linda44
    linda44 Posts: 27 Forumite
    My father died in November 2010. My mother died in 2003. So yes it had been empty for 4 and half years till Jane moved in, in June this year. She's been there for nearly 6 months.
  • Thank you all. You've all been a great help.
    What I understand is
    1. I'll find out if the transfer is going ahead as planned.
    2. If not, then get a solicitor to write to her, with intention of removing her as executor and replacing her with Sarah.
    She tells me that she is going to plead that she was not in her right mind, when she planned and signed the deed of variation which her solicitor drew up for us both to sign.
    But I have done everything on the deed, she's just done what she benefited from only.
  • linda44
    linda44 Posts: 27 Forumite
    Would it be ok if Sarah and I move into the house and start doing the house up now, while I deal with forcing her to execute the will?
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