Deed of variation

Motormad20

My late father’s estate is almost ready for distribution to his three children equally, I would like to pass my third share directly to my 2 daughters. One daughter lives locally and one is in Perth Australia, the solicitor has asked for their original passports for ID which I’m not comfortable with obtaining the one from Australia with risk of it going missing in transit. Can anyone see any problem with passing my full inheritance to local daughter who then would gift half to daughter down under. 

gwynlas

Ask solicitor if there is any alternative id to original passport such as a notarised copy?

Keep_pedalling

Well the simplest solution (if you can do it within 2 years of your father’s death)  is to have your bequest paid to you then sort out the DoV once you have the money. A solicitor is not required to draft one. 

Unfortunately solicitors tend to complicate things just to cover their own backside. 

Motormad20

Keep_pedalling said:

Well the simplest solution (if you can do it within 2 years of your father’s death)  is to have your bequest paid to you then sort out the DoV once you have the money. A solicitor is not required to draft one. 

Unfortunately solicitors tend to complicate things just to cover their own backside. 

Thanks for your reply, I have a slight potential IHT problem and was wary of adding around £80k to it.

Savvy_Sue

Motormad20 said:

Keep_pedalling said:

Well the simplest solution (if you can do it within 2 years of your father’s death)  is to have your bequest paid to you then sort out the DoV once you have the money. A solicitor is not required to draft one. 

Unfortunately solicitors tend to complicate things just to cover their own backside. 

Thanks for your reply, I have a slight potential IHT problem and was wary of adding around £80k to it.

Yes, but the Deed of Variation would take that £80K out of your estate, even though you have received it. 

Is the solicitor drawing up a Deed for you, or just making the payment on your behalf? You may have to pay for work done so far, but telling them you've changed your mind, you'd like the money paid to you, then allows you to pass the money on and do the Deed. 

Motormad20

Thanks for your input Savvy_Sue. I maybe need to clarify with the solicitor if she is doing a DOV first of all. Thanks for raising that point.

bobster2

Motormad20 said:

My late father’s estate is almost ready for distribution to his three children equally, I would like to pass my third share directly to my 2 daughters. One daughter lives locally and one is in Perth Australia, the solicitor has asked for their original passports for ID which I’m not comfortable with obtaining the one from Australia with risk of it going missing in transit. Can anyone see any problem with passing my full inheritance to local daughter who then would gift half to daughter down under. 

What is the solicitor's role here? Are they the executor or just a firm that is helping you with probate / administration?

What do they want the ID for? To draw up the deed or to transfer the funds?

Is the problem that the daughters are already beneficiaries in the will - so their consent is needed for a DoV to be put in place?

Given that you don't need someone's ID to name them as a beneficiary in a will - I'd be surprised if you need it to name someone as a beneficiary in a DoV. But if they are already a beneficiary in some way - I can see why this might be needed.

Motormad20

Hi bobster2, my brother is executor and as far as I know the solicitor is dealing with admin of estate etc. I really need to clarify that what they are doing is bypassing me to pass the inheritance to my daughters without it being classed as a gift from me, they are not beneficiaries already. I tried to speak to the solicitor today but was fobbed off with they don’t have time and I would need to make an appointment. Thanks for your input.

Savvy_Sue

Talk to your brother and find out what he's asked the solicitor to do, it's possible he'll need to change the instruction. You're not the client,so the solicitor has no duty to you.