How can this be done!

jen14df

I am new here.
I have got LoA for my mums estate we decided to do this ourselves as it didn’t seem complicated at the time.
I have applied for a mortgages to pay outstanding debt on the property. My siblings have no interest in inheritance however my lender has said along with LoA I also need proof of them having no interest. What is the quickest and easiest way of doing this?
thanks

Keep_pedalling

Your siblings need to complete a deed of variation which effectively makes you the sole beneficiary of the estate.

https://www.gov.uk/alter-a-will-after-a-death

One note of caution, if either of your siblings is on any form of means tested benefits then they should be aware that this would be deemed as deliberate deprivation of assets, and failing to declare this windfall would be benefit fraud. 

jen14df

Keep_pedalling said:

Your siblings need to complete a deed of variation which effectively makes you the sole beneficiary of the estate

One note of caution, if either of your siblings is on any form of means tested benefits then they should be aware that this would be deemed as deliberate deprivation of assets, and failing to declare this windfall would be benefit fraud. 

Thanks for the reply.
Is there a particular form or letter to fill in? There was no will.

The beneficiaries are not on any benefits.

getmore4less

Are all siblings alive and no dead ones with children under 18?

wizzywilc

Assuming your siblings are your mother's children and not step-siblings, they will have an interest, as they also inherit under the rules of intestacy. If they have already received their correct inheritance eg from cash in the estate, the signed estate accounts would be relevant. Otherwise they will need to formally disclaim their inheritance. See https://www.thegazette.co.uk/all-notices/content/101535.  I suggest you discuss with the lender what they would require, in the first instance. 

jen14df

wizzywilc said:

Assuming your siblings are your mother's children and not step-siblings, they will have an interest, as they also inherit under the rules of intestacy. If they have already received their correct inheritance eg from cash in the estate, the signed estate accounts would be relevant. Otherwise they will need to formally disclaim their inheritance. See I suggest you discuss with the lender what they would require, in the first instance. 

Thanks very much for your reply. Can the variations be done ourselves as we have come this far with the DIY probate? 

Linton

Changing a will through a Deed of variuation is straightforward provided all trhe people adversely affected agree.  You do not need a solicitor.  See https://www.gov.uk/alter-a-will-after-a-death

jen14df

Linton said:

Changing a will through a Deed of variuation is straightforward provided all trhe people adversely affected agree.  You do not need a solicitor.  See

How do we write one?

wizzywilc

The OP referred to having Letters of Administration, from which I understood that there was no will and the rules of intestacy would apply. I didn't think a deed of variation could be made if there is no will to vary, though I see that one of those online legal document services does offer a template for an "intestacy deed of variation". Perhaps someone more knowledgeable can advise. Incidentally when I spoke to HMRC about getting a DoV they said that a letter would suffice, though I chose to use a solicitor. 

MovingForwards

@wizzywilc it was mentioned in someone's post this week a DoV can be done under intestacy rules. Can't remember which poster provided all the info.

xylophone

https://www.thepfs.org/news-index/articles/the-correct-use-of-deeds-of-variation/82865

What is a deed of variation?

The first point to make is that a deed of variation refers to a change in the destination of an inheritance after a death, whether the deceased has left a will or not.  If it is done within a certain time limit and in a prescribed form (as explained in more detail below), it will have the effect as if the deceased himself or herself did it - but only for certain purposes, not for all.

https://forums.moneysavingexpert.com/discussion/comment/77494562/#Comment_77494562

https://www.legalo.co.uk/guides/guide-to-our-deed-of-variation-for-intestacy-template/#:~:text=Guide%20to%20our%20Deed%20of%20Variation%20for%20Intestacy%20Template&text=Use%20the%20template%20when%20a,of%20it)%20to%20another%20person.