Modern wills - deed of variation.

[A. Muse]

If the all the beneficiaries of a will agree to vary a will and a deed of variation is drawn up, does the deed of variation have to be published or somehow appended to the original will for which probate was granted?

If the deed is not published is there any way of finding out what the variation was, apart from tracing the executors?

 

[Pauline]

If the all the beneficiaries of a will agree to vary a will and a deed of variation is drawn up, does the deed of variation have to be published or somehow appended to the original will for which probate was granted?

If the deed is not published is there any way of finding out what the variation was, apart from tracing the executors?

If this refers to probate in England & Wales, then the answers here are no, and no. There is not even any necessity to have a deed officially drawn up by a solicitor, and it can be just handwritten note (signed by everyone affected).

Also, if the variation doesn't change the amount of inheritance tax due you don't even need to inform HMRC.

There is more on the government website here.

 

[A. Muse]

Many thanks for the speedy reply Pauline. Sorry, I meant to put 'England and Wales' in the title.
I suspected that it would not be a public document, but just wanted to make sure.

 

[Pauline]

Actually, thinking about this further, the executors of the will don't have to be involved when a will is varied, although they often will be. The only people who need to know and consent are those who are adversely affected by the variation. So, for example, if there were several beneficiaries each one could independently vary their share of the estate without the involvement or knowledge of the other beneficiaries, or of the executors.

 

[A. Muse]

An interesting thought, thank you.