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Deed of variation

8 replies

Whiskeytot · 14/12/2023 19:43

Hi all
For any probate lawyers about, does anyone know if there is a time limit for deed of variation?
For context DFIL passed away 9 months ago.DFIL bequeathed his car to adult DS who doesnt want it but asked for cash equivalent and put this in writing to executor. Will being witheld until probate granted but DH ( not an executor) is frustrated that DS being asked to basically change a will that he hasn’t seen!
I have been told it’s a 2 year limit but DS being threatened if he doesn’t get a notarised letter ( about £180) executor will sell car within a certain timeline, I think a few months. Car is not high value, but very dear to insure etc and manual which DS cant drive which is reason for requesting equivalent, not ingratitude which Executor has inferred. Of note we had no idea of this as DFIL was fond of surprises!
Any practical advice would be appreciated, thank you.

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Pantofolaio · 14/12/2023 20:10

Not sure if I understand the issue but would he not just accept it and sell it himself for whatever cash it is worth? Otherwise it is putting yet another job onto the executor as it would still mean they’d have to dispose of the car, add the money to the estate etc.

Pantofolaio · 14/12/2023 20:12

Sorry I see that the executor is threatening to sell it so ignore last part of my reply. The first part is still valid!

mrsbyers · 14/12/2023 20:13

Just accept the car as was the wishes of his grandfather and then sell it or trade in for something suitable , the executor will have enough on with probate and other financial affairs without having to sell a car on - I think it’s really cheeky tbh

Flamesatmytoes · 14/12/2023 20:20

2 years

Whiskeytot · 14/12/2023 20:21

@Pantofolaio thanks for replying
theres a complicated backstory as executor is sibling of DH that DFIL favoured ( think golden child) but DS doesn’t live with us, is abroad on an MFL year from uni so practically very difficult. We have no parking extra space or finances for insurance etc (DFIL knew all this). We can’t see will, have asked, as probate v slow so have no further info. We think DS has valid reasons but these are being disregarded. Every month that goes by the car devalues. We didn’t think a bequeathed gift could be sold and executors had a right to have best interest of beneficiaries.

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Whiskeytot · 14/12/2023 20:23

Thanks @Flamesatmytoes

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Flamesatmytoes · 14/12/2023 20:24

I also think you’re complicating things. Anyway it’s a moot point as DOV needs all impacted beneficiaries to agree, it’s not a right. I doubt you’d get the agreement fro how you describe it.

Whiskeytot · 14/12/2023 20:28

Thanks @Flamesatmytoes
its a complicated set up which I cant go into.
we have no idea of who is even a beneficiary so it may be we just have to wait until probate.

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