Who would have an old deed of variation?

[daisygirl20]

Recently at a funeral, a friend was told that she had been left something in a will by the deceased person's mother, some 25 years previously. She was surprised as she knew nothing about it.
Her interest was piqued and she sent off for a copy of this will, and sure enough she was named and left a piece of jewellery.
She contacted a cousin, who was an executor of the will, (and a solicitor), who muttered something about there being a deed of variation.
We have looked this up, and it seems these do exist, but my friend was never informed at the time of her inheritance, nor was she asked about relinquishing her legacy to somebody else.

How can she check to see if there is indeed a deed of variation? The cousin said the paperwork had long gone.

Might anybody else still have a copy of this document if, indeed, it existed? It would have been produced over 20 years ago now.

[factor-fiction]

I don't know but if the will was sent to Probate I assume the deed of variation should have been included with it

[Barmaid]

It is most unlikely the DoV was submitted to the Probate Registry as there is no requirement to do so. Anyone who is affected by the DoV must be a signatory to it. The solicitors would probably have a copy and so would the Inland Revenue (a usual reason for a DoV is tax mitigation). However, after 20 years it is unlikely to still have been kept.

I would suggest that the likely thing that has happened is that the piece of jewellery no longer existed as part of the estate hence that is why she didn't receive it. The DoV was probably to do with a much larger interest.

[murraymints]

if you are in Scotland it may be registered in deeds...but you would need a rough idea of dates etc...

[factor-fiction]

Yes, of course, barmaid. I was thinking of a change to the will made before death (a codicil?) whereas a deed of variation, I understand, is something agreed between the beneficiaries, after death to change the distribution of that estate or relinquish a bequest from the estate.

There must be lots of cases, sadly, where the deceased's property can't be found (or is taken) after death before it can be distributed

[daisygirl20]

Thank you very much everybody. Really interesting! Final question (she says rather optimistically), is she entitled to contact the Inland Revenue to request a copy of the deed of variation? The solicitor, as already mentioned in my original post, says the paperwork their end has long since gone. Unfortunately, the piece of jewellery in question, highly unique, was still very much in evidence at the funeral of the original benefactor's daughter!

My friend is adamant she never even knew it was left to her until another mourner mentioned it was strange to be seen adorning somebody else 25 years later! Seems like a very well kept family secret!

IF no deed of variation can be traced, as you rightly point out, it was a long time ago and as my friend has the original will, where it states categorically this piece is to be left to her, she swears nobody ever informed her of this at the time and she most certainly did not sign anything giving it away to anybody else, and of course, IF she has the desire to pursue this, what should she do?

[woofgang]

The jewellery may have been given to the beneficiary before the testator's death. This would mean that it wasn't available to be distributed as part of the estate. TBH, if she has a copy of the will, she could talk to the person who was seen wearing the brooch but apart from that, not sure what she could do.
She can of course contact HMRC but if she didn't sign anything there is unlikely to be anything to find.
Who was the executor and are they still alive?...oh just checked your post. Executors are PERSONALLY responsible for the correct distribution of the estate so it might be a good start to go back there and ask about this "deed of variation" and point this fact out.

[FredPuli43]

Woofgang's idea is plausible because the solicitor executor may have known that the testatrix had given the named piece of jewellery away already. To avoid any dispute later, this executor could have suggested that a deed of variation be prepared, with the named beneficiary signing that she agreed to not receiving the jewellery. As matters stood, there was a risk that the piece would be claimed by the named beneficiary and the existence of the earlier gift disputed.But nothing further was done, no deed of variation was completed, with the beneficiary signing to waive her supposed right to the piece, so we now have the present problem many years later.

[bednobs]

however, i thnk your friend may as well kiss the jewellery goodbye - if she confronts the person they will either say it was gven before death or it has now mysteriously disappeared

[factor-fiction]

Yes, Homes123- oddly exactly the same things happened to moonglow52 in an earlier thread. I can provide a link if you like

[tonywiltshire]

It may come as a surprise that the beneficiaries sometimes quite legally change the provisions of a valid will. It sometimes occurs that a beneficiary of an estate inherits by surviving his benefactor’s death but dies soon after, his personal representative can disclaim or vary his inheritance if they have the consent of those who benefit under the will. The changes are usually set out in a deed known as a deed of variation or a deed of family arrangement, the document does not have to be a deed, any form of writing will be sufficient. One of the most common reasons to vary the provisions of the will is to ensure less tax is paid, though if the variations are solely to save tax it may be challenged by HMRC.
It is often the position that property or other items have been disposed of prior to death and in these cases remember, “no one gives what they have not got”, as has been stated this is possible in this case, after 25 years your friend may have great difficulty making headway and should discuss with her solicitor.

[stevepett]

They can't vary your inheritance without your agreement.
Complain to the Law Society

[factor-fiction]

Hi Holme123s- just look back through your Moonglow52 posts- it was around June I recall

[factor-fiction]

Hi homes123

Moonglow52 said:
"I know of a case where a later will was discovered about a year after the estate was wound up. Most of the estate had gone abroad and some if the beneficiary's who had been overpaid could not be traced and one of them had passed away..."