Deed of Variation on a Will
Just_caring
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Can a deed of variation be done on a Will 2 years after the death if it isn’t for Inheritance tax or Capital Gains Tax purposes?
Also can it be done if children under 18 are named in the Will?
Also can it be done if children under 18 are named in the Will?
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You cannot do a deed of variation if it affects a minor beneficiary
Although it is too late in this case a DoV can be done where minors are beneficiaries providing it does dot adversely affect them. Only adult beneficiaries can make a DoV.
My father died last month and in his will he has left his property (it was in his name only) to my Mum, who still lives in it. He has also left her his Premium Bonds (£50k). He has left £1k each to 2 or 3 friends and the remainder is to be split 50/50 between my sister and I. This remaining amount is in the region of £430k, so a large IHT bill would be due, probably £40k plus.
However, as executor of his will, my plan is to create a Deed of Variation and assign about £130k more to my Mum, thus leaving approx only £300k to my sister and I, which should then leave his estate not liable for IHT, as this would be within the £325k allowance. So no beneficiaries would be adversely affected other than my sister and I, which we have agreed is not a problem.
So my question is: at what point in the Probate process do I create the Deed of Variation? The MSE guide says you have to inform HMRC of the estate value to see if IHT is due, which it would be, unless a DoV is created. Do I just go ahead and create the DoV but inform HMRC what I’m doing?