• Writing a Variation on an Intestate Estate

    From Peter Walker@21:1/5 to All on Wed Jan 31 09:28:57 2024
    I am familiar with the concept of writing a variation on a will with the agreement of all parties concerned but I wonder it a variation can also be
    made in the case of intestacy where for example a surviving parent is due
    to receive all of an estate but wishes to share it with others?

    Whilst the surviving parent could make gifts to others once the estate was settled that could attract a liability for inheritance tax from the
    settlement of their own estate if they then die within 7 years.

    --
    Peter

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  • From Martin Brown@21:1/5 to Peter Walker on Wed Jan 31 10:50:31 2024
    On 31/01/2024 09:28, Peter Walker wrote:
    I am familiar with the concept of writing a variation on a will with the agreement of all parties concerned but I wonder it a variation can also be made in the case of intestacy where for example a surviving parent is due
    to receive all of an estate but wishes to share it with others?

    Possibly. It is a bit specialist though so worth asking the paid advice
    of a solicitor who is an expert in Wills and probate. They normally
    don't charge for an initial meeting and DoV's are not especially
    expensive documents for them to draft and have witnessed for you.

    It is important to get it exactly right if it is to do what you want.

    Whilst the surviving parent could make gifts to others once the estate was settled that could attract a liability for inheritance tax from the settlement of their own estate if they then die within 7 years.

    It is usually done to skip a generation and give money that the parent
    doesn't really want or need directly to their children. More important
    than ever now that buying a house is out of reach for the next
    generation in many areas for all but the most well off.

    "Free" advice on the internet may be worth less than you paid for it.

    --
    Martin Brown

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  • From Peter Walker@21:1/5 to Martin Brown on Wed Jan 31 12:19:23 2024
    Martin Brown <'''newspam'''@nonad.co.uk> wrote in news:upd8lp$1fpi1$2@dont-email.me:

    On 31/01/2024 09:28, Peter Walker wrote:
    I am familiar with the concept of writing a variation on a will with
    the agreement of all parties concerned but I wonder it a variation
    can also be made in the case of intestacy where for example a
    surviving parent is due to receive all of an estate but wishes to
    share it with others?

    Possibly. It is a bit specialist though so worth asking the paid
    advice of a solicitor who is an expert in Wills and probate. They
    normally don't charge for an initial meeting and DoV's are not
    especially expensive documents for them to draft and have witnessed
    for you.

    It is important to get it exactly right if it is to do what you want.

    Whilst the surviving parent could make gifts to others once the
    estate was settled that could attract a liability for inheritance tax
    from the settlement of their own estate if they then die within 7
    years.

    It is usually done to skip a generation and give money that the parent doesn't really want or need directly to their children. More important
    than ever now that buying a house is out of reach for the next
    generation in many areas for all but the most well off.

    "Free" advice on the internet may be worth less than you paid for it.


    Thanks for the words of caution Martin, noted and appreciated.

    --
    Peter

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  • From Peter Walker@21:1/5 to Simon Parker on Wed Jan 31 12:17:15 2024
    Simon Parker <simonparkerulm@gmail.com> wrote in news:l1uml7Ffnc3U11@mid.individual.net:

    On 31/01/2024 09:28, Peter Walker wrote:
    I am familiar with the concept of writing a variation on a will with
    the agreement of all parties concerned but I wonder it a variation
    can also be made in the case of intestacy where for example a
    surviving parent is due to receive all of an estate but wishes to
    share it with others?

    Whilst the surviving parent could make gifts to others once the
    estate was settled that could attract a liability for inheritance tax
    from the settlement of their own estate if they then die within 7
    years.

    One can use a Deed of Variation to change how the estate is divided up
    under the rules of intestacy, just as you would with a Will.

    Regards

    S.P.


    Thanks Simon, useful to know.

    --
    Peter

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