Deed of Variance

mrs-stressed

A relative died and left all to spouse. Spouse has now submitted a D of V. There is land left between two remaining siblings. This land was shared from father when he died. The spouse wants to buy siblings out for pennies. Can the spouse use D of V to change the will to get the benefit financially from the other two siblings? Its a very complicated situation.

SeniorSam

One spouse dies and leaves estate to remaining spouse, then she can do as she wishes, as it her's. You have not made it very clear because if the estate has passed to the spouse, where does the land come into it?

Sam

Savvy_Sue

Cross-posted but I'll leave what I wrote ...

And it's a fairly complicated post, the details of which I do not follow.

But the quick answer is that a Deed of Variation must be agreed by all parties who are DISADVANTAGED by the change.

So if the will left land to the siblings, and they do not wish to sell it to the spouse, then they can not agree with the deed, which means the will is not varied but stands as it was written.

But you say the will left all to the spouse, so I do not understand what you mean by it being shared from the father when he died. If he gave the land to them legally before he died, then it's theirs, and no Deed of Variation can change that. If they do not wish to sell the land to the spouse - for pennies, pounds or millions - then they need not agree to do so.

mrs-stressed

Thank you for replies. The father left his three children some pockets of land 28 Year’s ago..this land has in the most part been left ‘fallow’. The relative that died didn’t mention the land in question in his will. He did leave everything to his spouse. The spouse has now asked solicitor for a deed of variance to include these pockets land in relatives will so will not be left out of any future financial benefits that could be gleaned on sale of this land. I’m sorry if it’s not very clear but I hope you get the gist!

Linton

If the children own the pockets of land from the death 28 years ago no deed of variation can change that. You can’t change a will 28 years later and the relative who recently died cannot leave land to his spouse that he did not own.

Keep_pedalling

mrs-stressed wrote: »

Thank you for replies. The father left his three children some pockets of land 28 Year’s ago..this land has in the most part been left ‘fallow’. The relative that died didn’t mention the land in question in his will. He did leave everything to his spouse. The spouse has now asked solicitor for a deed of variance to include these pockets land in relatives will so will not be left out of any future financial benefits that could be gleaned on sale of this land. I’m sorry if it’s not very clear but I hope you get the gist!

You have still not made this clear. Are you saying the person who recently died was one of the children who inherited the land and he has now left that to his wife?

Mojisola

mrs-stressed wrote: »

Thank you for replies. The father left his three children some pockets of land 28 Year’s ago..this land has in the most part been left ‘fallow’. The relative that died didn’t mention the land in question in his will. He did leave everything to his spouse. The spouse has now asked solicitor for a deed of variance to include these pockets land in relatives will so will not be left out of any future financial benefits that could be gleaned on sale of this land. I’m sorry if it’s not very clear but I hope you get the gist!

If the three siblings owned the land as joint tenants, it isn't possible for the relative to leave the land to anyone - it's now fully owned by the two surviving owners.

mrs-stressed

Yes, the person who died was the third party in Father’s land legacy. That person left all monies and chattels to spouse. M wondering why there is a request for a deed of variance

Mojisola

mrs-stressed wrote: »

Yes, the person who died was the third party in Father’s land legacy. That person left all monies and chattels to spouse. M wondering why there is a request for a deed of variance

The spouse may think that the land was owned as 'tenants in common' in which case the deceased's share of the land has to be left to someone.

If it isn't mentioned in the will and isn't covered by some overall clause, it may be that the land is owned as 'joint tenants' whereby all the owners own all the land. When one dies, the two survivors still own all the land. The deceased didn't have a separate share to pass on to anyone.

If the spouse does now own one third of the land through inheritance, she can't force a sale (without going to court) or insist on buying out the other owners and it certainly isn't something that can be dealt with by varying the will. Any negotiations to do with the land would be a completely separate issue.

Brynsam

mrs-stressed wrote: »

Its a very complicated situation.

Then probably the best bet is to get professional advice from someone who knows all the facts and has seen all the relevant documents. Sounds like the quickest way to get a resolution of the query.

antrobus

Brynsam wrote: »

Then probably the best bet is to get professional advice from someone who knows all the facts and has seen all the relevant documents. Sounds like the quickest way to get a resolution of the query.

Waste of time and money.

A deed of variation is:

A deed by which one or more beneficiaries of a deceased person’s estate give up their entitlements under the deceased's will or the intestacy rules in favour of other persons.

https://uk.practicallaw.thomsonreuters.com/1-382-5611?transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk&bhcp=1

Spouse in question has no idea about a DoV, Their solicitor will politely explain to them that they are a dipstick, and nothing will happen.:)