Deed of Variation
Deed of Family Arrangement 

The term "Deed of Variation" (which has replaced the expression "Deed of Family Arrangement") is normally used to refer to post-death variations or re-arrangements of Wills, intestacies and certain other dispositions taking effect on death.

A beneficiary who is entitled to any part of a deceased person's estate under a Will or intestacy or in other ways (for example, assets held in a joint tenancy pass by survivorship) may vary or rearrange the disposition of that property by means of a Deed of Variation.

Can one really re-write a Will after they died ?

The popular notion that it is possible to vary the Will itself (or the law of intestacy or the doctrine of survivorship) is a misconception since the Will itself cannot be varied after the testator has died. It is, however, possible for beneficiaries to sign a Deed of Variation in order to make some sort of gift and to redirect all or part of an inheritance. By means of a statutory fiction, the Revenue will, if required, treat the gift as having been made by the deceased person and not by the original beneficiary for inheritance tax purposes and/or for most capital gains tax purposes but not for any other purpose. So the advice is again be sure to make a Will whilst you are alive : we may not be able to 'fix' any CGT issues after you die. Why not let Wentworth Solicitors advise you ?

• HM Revenue & Customs - Deed of Variation or Family Arrangement Information
• Guardian Newspaper Money Website - How does a deed of variation work?