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Monday, March 7, 2011

Changing a Will After Death

The newspapers are full of high profile instances whereby an adult child or relative is furiously fighting to have their parent's Will changed, after they have died. Modern family structure, internal politics and whirling emotions built up over years can all add up to an almighty battle - even after one of the parties dies. However, not all cases where a change of Will has been requested are acrimonious - most of them aren't. As a good working example, if, after a person has died, you wish to change their Will - to try and reduce the Inheritance Tax amount which will be incurred for example, or an important person has been left out for some reason, you can do so, usually with the minimum of fuss.

However, all beneficiaries of the Will must agree to this change in the first instance. If this is the case, then you can go ahead and have a "Deed of Variation" created, which must be signed by all the beneficiaries within two years of the person's death, for it to be effective. Remember, time can progress unfeasibly quickly so don't be caught out.

Remember that changing a Will means the amount of Inheritance Tax payable may change, as may the Capital Gains Tax fee. If the Deed of Variation includes a statement that it is to take effect for either Inheritance Tax, Capital Gains Tax or both, then the arrangements will be considered as if the deceased person themselves had made them.

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