This is our Deed of Variation for Intestacy template. Use it when a person dies without leaving a Will (dies Intestate) and the beneficiaries, as named under the Intestacy laws, want to change who will inherit.

You should generally only use it once the Personal Representatives of the deceased have been appointed, i.e. have obtained the Letters of Administration from the local Probate Office.

This is one of our best-selling templates, with over 500 sold! Exclusively available from Legalo.*

Customise our deed template to the specific individual requirements of your matter. It comes complete with a great guide that steps you through each clause in the deed.

This type of Deed of Variation puts in place a great deed that is suitable for varying an intestate’s estate. David, our co-founder and lawyer of twenty-five years, drafted it. This ensures that you can rely on the Deed template being both legally binding and up-to-date.

Our detailed drafting guidance notes (free with the template) set out a clause-by-clause explanation of the deed. This makes completing the final Deed of Variation simple.

This is a very cost-effective way to go about completing the variation of who receives what from an intestate’s estate. A copy of the guidance notes is available here: guide to this deed of variation for intestacy template.

Using our Deed of Variation template

Download this template for a deed of variation in Word format. Just click on the download button once purchased. You can then easily edit it to suit your own needs.

We provide a full money-back guarantee if you are not happy with your template document for any reason.

Once purchased, you can reuse the template as many times as you want. So you can create further deeds of variation at no further cost.

We keep our templates under review to ensure they are up-to-date. When we update a template that you have bought, we will notify you by email and you will get a free up-to-date template.

How and when to use a Deed of Variation

Our Deed of Variation for Intestacy template is for use by someone who is to receive an inheritance as a result of the death of a person who left no will (or at least no valid will), i.e. who died intestate, and who now wishes to divert all or some of that inheritance to someone else.

It has several options, so it is suitable for use:

1. to divert part or all of the person’s inheritance; or

2. where there was an asset that was under a “joint tenancy” (e.g. a house) with the deceased. As a result of the death, this has now become owned solely by the survivor. (NB it also works for any joint property held under a “tenancy in common” too.); or

3. to divert the inheritance to (a) someone else who is to inherit from the deceased’s estate or (b) someone who would not otherwise be a beneficiary of the estate; or

4. if there is one or more than one person due to receive the legacy; or

5. if there is one or more than one person passing the legacy on.

When not to use this template

There are 2 situations when you should not use this deed of variation:

Our Deed of Variation for Intestacy is not suitable for use in the event of the estate of someone who has left a valid will. You need a different form of a deed of variation for this, but one is available from Legalo: deed of variation for will template.
If you are trying to avoid losing Benefits you were previously entitled to before you inherited. If you off-load inheritance (e.g. to your children) so that you can continue to receive Benefits, this is known as “benefits fraud”, which is a criminal offence. You could be fined heavily for it and receive up to 10 years in jail, as well as a criminal record. Do not use a deed of variation in this situation.

For more information on the intestacy rules, as to who is entitled to inherit in this situation, see the Inbrief website – click on the link.

Varying the Estate to make a Gift to a Charity

Gifts to charities reduce the estate’s liability to Inheritance Tax. When varying the intestate estate to give money to a charity, you need proof that the estate has been varied. You can use our template for this purpose. Then send a copy of the signed deed to HMRC. You do this when you send them your claim for a reduction in the Inheritance Tax, based on the charitable gift.

FAQs on a Deed of Variation for Intestacy

Below, we have answered the most popular questions on a deed of variation for intestacy from the Internet.

Can an intestacy be varied after death?

Yes. You would use a deed of variation to do so. You can vary an estate where a valid Will exists or one where one does not (an intestate estate).

Do I need a deed of variation for an intestacy?

You only need a deed of variation if:

under the Intestacy Rules you inherit from someone who has passed away;
you prefer to pass on that gift to someone else, and
you want to avoid the risk of an inheritance tax bill on your own estate if you were to pass away within the next 7 years.

This is the issue the deed of variation solves: allowing you to divert the inheritance, without its ever becoming part of your estate if you were to pass away within 7 years. So it avoids future possible inheritance tax on your estate.

When does a deed of variation to an intestacy need to be made?

There is a strict deadline for a deed of variation: you need to make it within 2 years of the date of death of the person who has left the inheritance. Any later and it will be invalid for tax purposes.

What gifts can be varied with a deed of variation to an intestacy?

Any gift inherited because of intestacy can be varied in this way. You can also vary the inheritance of part of a property in joint names on a “joint tenancy” basis.

How do you write a deed of variation on intestacy letter? How to write a deed of variation to an intestacy

Using Legalo’s great template is the easiest way to write a deed of variation to an intestacy. The document comes with a full written guide to the deed of variation template, so we make it easy for you. So you can have a valid and HMRC-compliant deed of variation in just minutes.