Deed of Variation

apsmx

I am posting this to clarify the 2 year rule. I and my sister inherited a house from my father who died 3 years ago. I am the executor of his will. I have the probate of my father. The house is still in his name. My sister, who was married with no children, died 6 months ago with no will.
Information obtained from Land Registry and other sources has led me to believe that I can make a Deed of Variation to put the house in my name. I have the consent of my brother-in-law. I have all the certificates and forms (AP1, AS1 etc) to send off. I am aware of the 2 year rule and have been led to believe that this is ok as my sister only died 6 months ago. Am I correct?

poseidon1

https://forums.moneysavingexpert.com/discussion/6676541/deed-of-variation

To be clear, are you saying that following your sister's unfortunate demise, her husband as sole beneficiary under her will has agreed to give up his legal entitlement to her half share of the property in your favour?

If so a detailed deed of variation of her will ( not your father's) would have to be executed by the husband to that effect , in order for you to then step into her shoes and become sole beneficiary entitled to your father's house.

However, even though your sister had no children, I am curious to learn her husband's motivation to give away the inheritance in your favour unless he is so wealthy in his own right he has no desire to add to that wealth.

Reed_Richards

Your sister lived in England (?) and died without leaving a will? As your sister did not have children then everything will go to her husband. This includes the half share of your late fathers house and anything else that your sister would have inherited had she lived. Is a deed of variation even possible if there isn't a will to vary? Oh, it says here https://www.weightmans.com/insights/deeds-of-variation-a-quick-guide/#what-is-a-deed-of-variation that you can.

edited because at first read I missed that the OP's sister had no children.

Keep_pedalling

It is not possible to make a DoV on your father’s will, but if your brother in law wants to give up his inheritance from his wife then he can do so. He will have to get a DoV drawn up the DoV not you.

What is the value of her share of the property? If it exceeds £325k then it complicates things as an IHT return will be needed and IHT will be payable. Is your BiL administering her estate?