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Probate · England & Wales

Deed of variation explained

Last reviewed 18 August 2026

Curiously, a will can be rewritten after the death it speaks to — not by the deceased, but by those who inherit, provided they act within a fixed window and all agree.

How it works

A deed of variation allows a beneficiary to give up or redirect part of their inheritance — to a child, say, or a charity — as if the deceased had left it that way. It must be made in writing within two years of the death, and every affected beneficiary must agree. It can be used whether or not there was a will.

Why people use it

The common motive is tax: redirecting a gift can improve the inheritance-tax position of the estate or the family, or move assets to those who need them more. It does not, however, restart the seven-year clock on lifetime gifts, and it cannot be used to disadvantage a beneficiary without their consent.

Questions

How long do I have to make a deed of variation?+
Two years from the date of death, with the agreement of all affected beneficiaries.
Does a deed of variation save inheritance tax?+
It can improve the position, but it does not restart the seven-year gift clock. Take advice for your circumstances.

Sources. GOV.UK, Alter an estate after death (deeds of variation); two-year window; IHT treatment.