Deed of Variation: Changing a Will

What is a deed of variation?

A deed of variation is a document by which a beneficiary of an estate redirects some or all of their entitlement to a different person. It can apply where there is a will or where the estate passes under the intestacy rules. The original will is not changed; instead the beneficiary who gives something up directs where it goes, and the tax rules can treat that redirection as if it came from the deceased (gov.uk, as at July 2026, subject to change).

Why do people use a deed of variation?

People use variations for several reasons, not only tax. A common one is to pass an inheritance down a generation to children or grandchildren who need it more. Others include providing for someone the will left out, moving assets into a trust, resolving a dispute, or directing a gift to charity. Each has different consequences, so many people take advice before signing.

Passing it on. An adult child may redirect part of their inheritance to their own children.

Fairness. Beneficiaries may even out an estate the will divided unequally, by agreement.

Someone left out. A variation can provide for a person the will did not mention.

Tax. Redirecting a gift may change the inheritance tax or capital gains tax outcome, depending on circumstances.

Charity. Directing at least part of an estate to charity can change the rate that applies to the rest.

The conditions a variation must meet

For a variation to be read back for tax, it has to meet specific conditions. It must be in writing, made within two years of the death, and signed by everyone giving up a benefit. It must not be made in exchange for money or anything of value, and where it is meant to change the tax position it needs to state that the parties intend it to take effect for inheritance tax, capital gains tax, or both (gov.uk, instrument of variation checklist IOV2, as at July 2026, subject to change).

Condition	What it means
In writing	A signed document, or a letter that meets the same conditions.
Within two years	Made within two years of the date of death.
Consent	Signed by anyone left worse off by the change.
No consideration	Not made in return for money or money's worth.
Tax statement	States it is intended to take effect for IHT and/or CGT, where relevant.

Condition

What it means

In writing

A signed document, or a letter that meets the same conditions.

Within two years

Made within two years of the date of death.

Consent

Signed by anyone left worse off by the change.

No consideration

Not made in return for money or money's worth.

Tax statement

States it is intended to take effect for IHT and/or CGT, where relevant.

Source: gov.uk, change a will after a death and gov.uk, instrument of variation checklist IOV2, as at July 2026 and subject to change. A beneficiary who is a child cannot usually have their entitlement reduced without court approval.

How a variation affects tax

Where a variation meets the conditions and contains the right statement, the redirected gift is treated for inheritance tax as though the deceased had made it, so the person giving it up is not treated as making a lifetime gift of their own (gov.uk, as at July 2026, subject to change). That can matter because it avoids the usual seven-year rule that applies to lifetime gifts.

If the variation increases the inheritance tax due on the estate, a copy must be sent to HMRC within six months of making it. Where it does not change the amount of inheritance tax due, there is no need to send a copy (gov.uk, as at July 2026, subject to change). For how the underlying tax is calculated, see our guide to Inheritance Tax Explained.

Using a variation after an intestacy

A variation is not limited to estates with a will. Where someone dies without a valid will, the estate passes under the intestacy rules, which set a fixed order of who inherits. Beneficiaries under those rules can vary their entitlement in the same way, for example to provide for an unmarried partner who receives nothing on intestacy, provided the same conditions are met (gov.uk, as at July 2026, subject to change). This is one option some families consider where the default rules produce an unintended result.

What a variation cannot do

A variation has limits. It generally cannot reduce a child's entitlement without court approval, and it cannot be used to redirect an asset a beneficiary has already given away. It also cannot be made in return for payment if it is to keep its tax treatment. A variation is a legitimate, long-standing part of estate administration rather than an aggressive scheme, but the wording carries tax consequences, so many people ask a solicitor or a STEP practitioner to prepare it.

A variation redirects what a beneficiary chooses to give up. It does not override the wishes of anyone who wants to keep their inheritance.

Deeds of variation in Scotland and Northern Ireland

Inheritance tax is a UK-wide tax, so the two-year window and the read-back treatment for a variation apply across the UK (gov.uk, as at July 2026, subject to change). The surrounding succession law differs. Scotland has its own rules, including legal rights that can give a spouse and children a fixed share of an estate, which can affect what there is to vary and who must agree. Northern Ireland has a separate but broadly similar system to England and Wales. Where an estate touches more than one UK nation, it can be worth taking advice in each.

Frequently asked questions

What is a deed of variation on a will?

It is a written arrangement by which a beneficiary redirects some or all of what they inherit to another person. The original will is not rewritten; the beneficiary simply gives up their entitlement in favour of someone else. Where it meets the conditions and is made within two years of the death, it can be read back for tax as if the deceased had left it that way (gov.uk, as at July 2026, subject to change).

Is there a time limit for a deed of variation?

Yes. To change the inheritance tax or capital gains tax position of the estate, a variation must be made within two years of the date of death (gov.uk, as at July 2026, subject to change). After that window the redirection can still be made, but it is generally treated as the beneficiary's own gift for tax rather than read back to the deceased, which can change the outcome.

Do all beneficiaries have to agree?

Anyone who is left worse off by the change must agree and sign (gov.uk, as at July 2026, subject to change). A beneficiary who keeps their own inheritance is not affected and need not consent. Where a variation would reduce the entitlement of a child, court approval is generally required, which is one reason many people take advice before proceeding.

Do you have to tell HMRC about a deed of variation?

Only in some cases. If the variation means more inheritance tax is due, a copy must be sent to HMRC within six months of making it. Where it does not change the amount of inheritance tax due, there is no need to send a copy (gov.uk, as at July 2026, subject to change). Keeping a signed copy with the estate papers is generally sensible either way.

Can a deed of variation be used after an intestacy?

Yes. Where there is no valid will and the estate passes under the intestacy rules, a beneficiary can vary their entitlement in the same way, subject to the same conditions (gov.uk, as at July 2026, subject to change). This can help, for example, where the default rules leave out an unmarried partner. Our note on the intestacy rules explains who inherits by default.

Do I need a solicitor for a deed of variation?

Not as a strict legal requirement, and a variation does not always need a formal deed, but the wording carries tax consequences that are easy to get wrong. Because a variation must contain the right statements and meet each condition to be effective, many people choose to have a solicitor or a STEP practitioner prepare it. It can be worth discussing with a qualified professional before signing.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

Deed of Variation: Changing a Will After Death