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Deeds of variation

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Aunt passed away in June last year. My uncle was the sole executor and beneficiary of my aunts will. They were not married.

They both jointly owned the house they lived in. After her death, the property was transferred to my uncle. Probate was granted and there was no IHT at all. My uncle has now passed away and I am the sole executor and one of the beneficiaries. I am trying to do a DoV on my aunts will.

My problem is, the house was jointly owned by both parties. After her death the house was transferred to my uncle.

Can I do a DoV to divert my aunt’s share directly to us?

Also, can I use the DoV to change the joint tenancy to tenancy in common?

Replies (10)

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By Rammstein1
12th Dec 2019 11:20

Contact a solicitor. It's not an accountancy issue.

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By Tax Dragon
12th Dec 2019 11:28

Rammstein1 is spot on.

I can tell you for free that your DIY solution to the issue of your uncle's Will will not work. A solicitor might be able to help you with what will.

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By johngroganjga
12th Dec 2019 11:48

What problem are you trying to solve?

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Replying to johngroganjga:
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By gainsborough
12th Dec 2019 18:14

johngroganjga wrote:

What problem are you trying to solve?

Like John, I am wondering why you think a DoV is needed?

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Replying to gainsborough:
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By Tax Dragon
13th Dec 2019 01:05

To save IHT.

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By ra_541
12th Dec 2019 12:18

Because it was jointly owned, is it possible to make a DoV on my aunts will.

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Replying to ra_541:
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By Tax Dragon
12th Dec 2019 12:53

It passed by survivorship - her Will is irrelevant whether you change it or not.

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By Brads.Kings
12th Dec 2019 13:49

I think you can do an IoV for property for survivorship property.

Two problems. First, doesn't your Uncle need to be the one redirecting the asset?
Second, the Land Registry will want to see a deed to transfer the property, which I believe your Uncle would need to sign. There is an obvious difficulty in doing this.

So, as above, go and see a solicitor.

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Replying to Brads.Kings:
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By Tax Dragon
12th Dec 2019 14:25

Brads.Kings wrote:

So, as above, go and see a solicitor.

As above and as in every previous thread. OP, please. You owe it to yourself as beneficiary. You owe it to the other beneficiaries as executor.

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By penelope pitstop
12th Dec 2019 14:29

Get it wrong and you have a legal/tax explosion on your hands!

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