Deed of variation (changing a Will after death)

A deed of variation, sometimes called a deed of family arrangement, allows beneficiaries to make changes to their entitlement from a Will after the person has died.

What is a deed of variation? 

You might want to do this if you don’t need all your inheritance and would like it to go to someone else. It can also help minimise inheritance tax. 

Beneficiaries can only amend their own share of the estate. Sometimes other people, such as executors or other beneficiaries, also need to agree if they’re affected by the change.

While you can’t rewrite someone’s Will after they’ve died, the law does let you change what you’re entitled to from the estate. This is to allow flexibility in case circumstances have changed since the Will was written. 

You can do this with a document called a deed of variation, alternatively known as a deed of family arrangement or deed of disclaimer. 

This deed of variation details exactly how you want your part of the estate to be distributed instead. You only have the power to change your own share of the estate. If other people’s shares of the estate will be affected, they need to agree the changes as well. Other people like executors, or charities, might need to be involved too.

 You can also use a deed of variation when someone has died without leaving a Will. We cover this in more detail below.

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Frequently Asked Questions

Here we’ve answered some of the common questions people have about what you can and can’t do with a deed of variation.

Everyone’s circumstances are different, but some of the main reasons you might want to change a Will include:

  • You don’t need all of your share and want it to benefit someone else
  • You’d like your inheritance, or part of it, to go to charity
  • The Will doesn’t include children or grandchildren who were born after it was written
  • As a family you’d like to even things out for all beneficiaries – for example, if one child has been left a smaller part than the others
  • There’s a more tax-efficient way to distribute the estate.

This is not an exhaustive list and the particular reasons will be unique to you and your family.

If you’re thinking about changing someone’s Will with a deed of variation, our team is happy to help talk you through your options.

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