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Legal matters

Deed of variation

7 replies

Noworriesjoey · 28/06/2015 18:21

A deed of variation was signed by myself and three siblings to bequeath my mothers estate to my father, on my fathers advice for iht reasons. Is it possible to get the deed reversed? It seems we all might be disinherited by him, and if that is the case then would like at least the portion given to us by our mother to be protected. Is this possible, both pre and post death of father?

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Collaborate · 28/06/2015 22:17

No. The deed of variation was, in effect, a gift.

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Noworriesjoey · 29/06/2015 08:11

Thank you. If he chooses to skip a generation and leave our others and his estates to the grandchildren, can they gift it back to us the parents to help provide for them during their childhoods?

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Penfold007 · 29/06/2015 08:13

Presuming the grandchildren are under 18 no they can't gift it to anyone.

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Noworriesjoey · 29/06/2015 10:21

At which point they can do with it as they choose?

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Collaborate · 29/06/2015 12:10

His will will determine when they can get their hands on the money, but when they're 18 they can do what they like with their inheritance.

Look into whether you can compel him to leave anything to you. Take some legal advice. Did he ask you to favour him in the deed of variation in the expectation that you'd inherit his estate when he dies?

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Noworriesjoey · 29/06/2015 18:56

He encouraged us to sign the deed in our best interests for iht reasons. There has been a severe breakdown in our relationship since, and whilst we know he will leave his estate to his new partner, we at least would like to know our mothers portion won't go to her. It seems there is nothing that can undo what is done, and it's not a topic I want to bring up with him. Where could I seek legal advice?

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worridmum · 29/06/2015 21:17

A solicitor that speicalizes in inhertance law is your best bet

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