Executry service

Deeds of variation in Scotland

A deed of variation lets beneficiaries redirect what they inherit, and if it is done correctly and within two years, the tax is worked out as if the person who died had made the change. We advise, draft and deal with HMRC.

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A cream document with a loose green ribbon being re-tied beside a second tied document, a brass fountain pen and a sprig of eucalyptus on an oak desk

Wills are sometimes out of date by the time they take effect, and the intestacy rules do not always produce a fair result. A deed of variation is the tool families use to put that right after a death, whether to save tax, pass wealth to the next generation, or provide for someone who was left out.

When a variation can help

  • Reducing inheritance tax by redirecting assets to a spouse, civil partner or charity
  • Reaching the 10% charity figure that lowers the rate on the rest of the estate to 36%
  • Passing an inheritance to children or grandchildren, without it counting as your own gift
  • Providing for an unmarried partner who would otherwise inherit nothing
  • Making the division fairer, for example for a grandchild born after the will was made
  • Putting an inheritance into a trust for a vulnerable beneficiary

What we do

  1. Check that a variation will achieve what you want, including the income tax, benefits and care fee effects.
  2. Draft the variation with the statement HMRC requires for the tax treatment.
  3. Arrange signing by everyone who needs to sign, and by the executors if more tax becomes due.
  4. Deal with HMRC and the executry, so the estate is paid out under the new terms.

Pitfalls to avoid

A variation cannot be undone once signed, the same assets cannot be varied twice with the same tax effect, and a variation that reduces a child's entitlement usually needs court approval. Our guide on deeds of variation in Scotland explains the rules and includes a worked example.

Guides

Read more before you decide

Frequently asked questions

Questions about deeds of variation

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How long do you have to make a deed of variation?

Two years from the date of death, for the change to be treated for inheritance tax and capital gains tax as if the person who died had made it.

Can a deed of variation be used where there is no will?

Yes. A variation can change entitlements under a will or under the intestacy rules, for example to pass part of an estate to an unmarried partner.

Does a deed of variation have to go to HMRC?

Only if it means more inheritance tax is payable, in which case it must be sent within six months of being signed. Otherwise, the executors keep a copy with the estate papers.

Can a variation be made after the estate has been paid out?

Yes, as long as it is within two years of the death. The beneficiary redirects what they have received, and the tax treatment still applies if the conditions are met.

Talk to us today

Talk to us about deeds of variation

Call us on 0141 471 9166 and tell us a little about the estate. One of our executry solicitors will talk you through the next steps. Your first appointment is free and there is no obligation.

If you can, have the death certificate, the will and any recent bank or pension statements to hand. If you do not have them yet, that is fine. Finding them is part of what we do. Our guides explain what a husband, wife or civil partner inherits and what happens to a joint bank account.

  • Phone 0141 471 9166
  • Office 34 Woodlands Road, Glasgow G3 6UR
  • Hours Monday and Friday 9am to 5pm, Tuesday to Thursday 8am to 6pm

The quickest way to reach us

0141 471 9166

Call to book your free first appointment, at one of our offices or by phone.

Please note that legal aid is not available for this service.

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