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  • Item Upon - Deeds Variation - The 2 Year Rule

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    g for it to be applied retrospectively for the purposes of inheritance tax and capital gains tax?

    The Purpose of the 2 Year Rule

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    Introduction

    I recently received a query from a practicing solicitor asking for advice on using Deeds of Variation. The solicitor in question was acting on behalf of clients who wished to alter the terms of their father's Will to afford a fairer disposition of the assets amongst family members. Ordinarily this would one of the situations where a Deed of Variation could be employed. However, the testator's death was 6 years ago.

    The query was despite the lapse in time, could a Deed of Variation still be used without asking for it to be applied retrospectively for the purposes of inheritance tax and capital gains tax?

    The Purpose of the 2 Year Rule<

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    r in question was acting on behalf of clients who wished to alter the terms of their father's Will to afford a fairer disposition of the assets amongst family members. Ordinarily this would one of the situations where a Deed of Variation could be employed. However, the testator's death was 6 years ago.

    The query was despite the lapse in time, could a Deed of Variation still be used without asking for it to be applied retrospectively for the purposes of inheritance tax and capital gains tax?

    The Purpose of the 2 Year Rule

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    e assets amongst family members. Ordinarily this would one of the situations where a Deed of Variation could be employed. However, the testator's death was 6 years ago.

    The query was despite the lapse in time, could a Deed of Variation still be used without asking for it to be applied retrospectively for the purposes of inheritance tax and capital gains tax?

    The Purpose of the 2 Year Rule

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    testator's death was 6 years ago.

    The query was despite the lapse in time, could a Deed of Variation still be used without asking for it to be applied retrospectively for the purposes of inheritance tax and capital gains tax?

    The Purpose of the 2 Year Rule

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    g for it to be applied retrospectively for the purposes of inheritance tax and capital gains tax?

    The Purpose of the 2 Year Rule

    To recap from my previous article, in order to be valid a Deed of Variation must comply with 3 conditions;

    Must be made in writing.

    All persons who were original beneficiaries in the Will and any persons who benefit from the proposed variations in the Deed must sign the Deed.

    It cannot be given for money or money's worth.

    It must be made within 2 years of the death of the decedent.

    One of the most crucial uses for a Deed of Variation is to affect the tax liability on an estate. Therefore, for a De

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