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

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.

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

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

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

On 31/01/2024 12:17, Peter Walker wrote:
> 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.

> Thanks Simon, useful to know.

The change you propose in your original post is a textbook example of a
Deed of Variation - literally. The example in the textbook is a father
dying and leaving his estate to his son who executes a Deed of Variation
to pass some of the money to his children, the testator's grandchildren.

My condolences on your loss and I hope you get the situation sorted in a
manner which is pleasing to all parties.

Regards

S.P.