Deed of Variation

Mac7Dee

My wife is an executor and beneficiary with her brother under her late mothers will.
She wishes to vary her portion  of the property value to our daughter, does her brother have to sign the DOV, I don't think he does.
The will is simple 50/50 and below the IHT limit

MobileSaver

Mac7Dee said:

She wishes to vary her portion  of the property value to our daughter, does her brother have to sign the DOV, I don't think he does.

If the brother is not affected by the change (i.e. they will still receive 50% of the entire estate) then no, the brother does not need to agree to or sign the deed.

RAS

Only those beneficiaries losing money need to sign the DOV. Nothing formal required but your wife needs to keep the document with her will.

jem16

RAS said:

Only those beneficiaries losing money need to sign the DOV. Nothing formal required but your wife needs to keep the document with her will.

I intend to do this with my share of my Dad's estate. My brother's share will stay as it is. Solicitor talked about £500 for a Deed of variation. Can I simply write it myself?

Keep_pedalling

jem16 said:

RAS said:

Only those beneficiaries losing money need to sign the DOV. Nothing formal required but your wife needs to keep the document with her will.

I intend to do this with my share of my Dad's estate. My brother's share will stay as it is. Solicitor talked about £500 for a Deed of variation. Can I simply write it myself?

Yes you can.

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

RAS

Just check this works if the deceased was resident outside England and Wales.

jem16

RAS said:

Just check this works if the deceased was resident outside England and Wales.

I will do as yes under Scottish law. 

Mac7Dee

I have found a draft deed that seems to fit on Rocket Lawyer
Oh I was quoted 750 to 1000 plus vat