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Deeds of Variation

A Deed of Variation must take place within 2 years of the date of death. An application to the Court of Protection usually involves a Deed of Variation passing assets from the deceased’s estate directly to the next generation of beneficiaries and bypassing the vulnerable person. All applications must show that they are in the ‘best interests’ of the vulnerable person.

A Deed of Variation that denies the vulnerable person an inheritance and passes this inheritance to alternate beneficiaries does not immediately look to be in the best interests of the vulnerable person. However, in deciding what is in the best interests, the Court looks at the circumstances of the vulnerable person as a whole. If the vulnerable person has sufficient financial needs for the estimated remainder of their life, then inheriting the funds from the estate would not necessarily prove any benefit for them. However, if the vulnerable person has increasing care needs and thereby increasing health bills, then it is unlikely that the Court will release an inheritance that could be used towards the vulnerable person’s care needs.

We can help you through the minefield of the best interest test regarding a Deed of Variation; make sure that the proposed Deed of Variation is drafted correctly and generally guide you through the whole process from start to finish.

Please contact Trudy Rogers on 01635 569670 or email on for further information.