Deed of variation - residual bequest

Legseleven70

I want to pass the inheritance that I’m due from my aunt to my kids. The solicitor that’s been dealing with the fairly complex estate is drafting the Deed of Variation, and I’ve run into a few problems:

- my inheritance is the residual estate, and we don’t yet know how much it is
- the solicitor has estimated that the estate won’t be finalised until the end of the year/early 2025
- early January marks the 2nd year anniversary of my aunt’s death and the time limit for the DoV
- my solicitor says that the DoV must 1. state a fixed amount, but she’s holding the cards and also says she can’t give a figure, 2. Be dated on the day that the money is transferred to my kids 3. that DoV rules have recently changed to this effect. 

I tried calling the Probate & IHT dept at HMRC but they seemed to know less than me and said they “didn’t get involved”, which is odd because ultimately I’m accountable to them. 

I can’t find anything online that mirrors what my solicitor is telling me, but I also can’t find anything that conclusively contradicts her/sets out how residual bequests should be represented. 

Any ideas?

silvercar

It doesn’t look like the actual form required has changed for 10 years. The notes may help you https://www.gov.uk/government/publications/inheritance-tax-instrument-of-variation-checklist-iov2

Keep_pedalling

The solicitor is wrong, you are transferring your inheritance of the residual estate to new beneficiaries in its entirety the DoV does not need to state a fixed some and neither does it need to be left until after the estate has been distributed. There is also no need to involve the solicitor with the task of drawing up the DoV this is something you can do your self.

Is the solicitor the named executor or have they just been appointed by the executor to handle probate?