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Deed of variation after probate process started?

4 replies

useruserna · 15/01/2024 17:17

Hi,
my dad left his share of the house to my mum. She wants to give it to me as I am now caring for her. Is it too late to get a deed of variation to pass it directly to me rather than my mum if the probate forms have already been sent off?

OP posts:
MEgirl · 15/01/2024 17:38

You have up to two years to vary a will. I varied my husband's after probate was granted as I was the sole beneficiary but wanted to protect part of the estate for my children in case of a second marriage.

prh47bridge · 15/01/2024 18:47

As the previous poster says, you have two years from death to execute a deed of variation. The fact the probate forms have been sent off is irrelevant. Your mother can still vary your father's will so that his share of the house goes to you.

useruserna · 15/01/2024 19:58

thank you

OP posts:
Valleymum2 · 20/03/2024 10:05

please take advice on inheritance tax issues though as passing to a spouse is the most tax efficient way and ensures that your fathers Nil Rate band transfers to your mother

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