Changing will

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A man has left his estate to his nephews and brothers. He has not left anything for his son who he has not met for the last 30 years. The dilemma is, his brothers and nephews do not want to be beneficiary for the will. They want the estate to go to his son.

As the executor, what shall I do? How can I include the son in the will and remove all other beneficiaries?

Replies (17)

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By johngroganjga
29th Nov 2019 21:55

Google “deed of variation”. If the beneficiaries are unanimous, as you say, there is no problem.

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Replying to atleastisoundknowledgable...:
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By Tax Dragon
30th Nov 2019 09:17

My point, more succinctly put (to coin a phrase - thanks Wolf).

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Replying to Tax Dragon:
ALISK
By atleastisoundknowledgable...
30th Nov 2019 10:00

Tax Dragon wrote:

My point, more succinctly put (to coin a phrase - thanks Wolf).

You’re welcome :D

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By Tax Dragon
30th Nov 2019 09:14

John is right as far as he goes, but this is a forum for accountancy-related issues. Deeds of variation have tax consequences and accountants know about them, but they are fundamentally legal documents, not accounting ones. You might find yourself running into the Legal Services Act of 2007 before you get much further.

It's time to take your queries to advisors. Legal advisors, to start with.

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By JDBENJAMIN
30th Nov 2019 12:20

It is clear from this and your previous questions that you are out of your depth. You should appoint a solicitor to handle this will.

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Replying to JDBENJAMIN:
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By Tax Dragon
01st Dec 2019 11:01

My point, more abrasively put.

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RLI
By lionofludesch
30th Nov 2019 14:30

Why do folk think they should be asking accountants about legal stuff ?

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Replying to lionofludesch:
paddle steamer
By DJKL
30th Nov 2019 15:14

Well certainly back with ICAS in the 1980s you had to have done a year of law at university ,covering certain areas like contract, partnership, company law, delict (Tort down south) , agency and insurance to be permitted to even become an apprentice.

Of course not much use re varying a will but helpful for the accountant when he is sued for profferring advice outwith his/her sphere of competence.

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Replying to lionofludesch:
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By meadowsaw227
02nd Dec 2019 12:06

Because very few people trust solicitors !

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Replying to meadowsaw227:
paddle steamer
By DJKL
02nd Dec 2019 12:38

Give it a few more years and accountants will catch up with solicitors, MPs and journalists.

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Replying to DJKL:
RLI
By lionofludesch
02nd Dec 2019 13:36

DJKL wrote:

Give it a few more years and accountants will catch up with solicitors, MPs and journalists.

But not estate agents.

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Replying to lionofludesch:
paddle steamer
By DJKL
02nd Dec 2019 15:24

Somehow omitted them from one of the Circles of Hell- then again I am now also a P/T employee with a commercial property agency which may possibly, subconsciously, account for my missing them from the list.

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Replying to DJKL:
RLI
By lionofludesch
02nd Dec 2019 15:35

Oh - I just assumed that you thought they were on a different level.

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Replying to lionofludesch:
Red Leader
By Red Leader
02nd Dec 2019 13:29

Maybe because tax is legal stuff.

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Replying to Red Leader:
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By Tax Dragon
02nd Dec 2019 14:04

But legal stuff is not tax.

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Replying to Tax Dragon:
Red Leader
By Red Leader
02nd Dec 2019 15:02

Oh, I do love a syllogism!

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