Is there a time limit for a deed of variation?

Yes. To get the inheritance-tax and capital-gains-tax advantages, a deed of variation must be made within two years of the date of death.

Who has to agree to a deed of variation?

Every beneficiary whose share is affected must consent. Where a beneficiary is a minor or lacks mental capacity, court approval may be required.

Can a will be changed after death?

Q: Can a will be changed after death?

Yes. Beneficiaries can redirect their inheritance using a deed of variation within two years of the death. It can vary a will or an intestacy, and is often used to save inheritance tax or provide for someone left out. All affected beneficiaries must agree.

England & Wales · Wills · Inheritance Tax

Quick answer

Yes — within limits. The beneficiaries who would lose out can agree to redirect their inheritance using a deed of variation, made within two years of the death. It can change a will or even an intestacy outcome, and is often used to save inheritance tax or provide for someone the will missed. Everyone affected must consent.

Detailed explanation

You cannot rewrite a dead person's will against the beneficiaries' wishes — but the people who inherit can choose to give up or redirect their share, and the law lets them do so tax-efficiently.

How a deed of variation works

A beneficiary signs a deed redirecting some or all of their inheritance to someone else. Made within two years of death and worded correctly, it can be treated for inheritance tax and capital gains tax as though the deceased had left the gift that way — not as a gift from the beneficiary.

Why people use one

To save inheritance tax — for example skipping a generation to children who don't need it, or giving to charity to cut the rate.
To provide for someone left out, such as a new grandchild or a cohabiting partner under intestacy.
To tidy up an outdated or unequal will by agreement.

The limits

Only the affected beneficiaries can redirect their own share, and all must agree. If a beneficiary is a child or lacks capacity, court approval may be needed.

Example scenario

Two siblings inherit equally from their mother. The elder is wealthy and would face inheritance tax on passing the money on later, so within two years she signs a deed of variation redirecting her share to her children. For tax it is treated as if their grandmother had left it to them directly.

Get it drafted properly: the tax treatment depends on precise wording and statutory statements in the deed. This is one area where professional drafting usually pays for itself.

What happens next?

Complete the questionnaireA few guided questions about you, your family and your wishes.
Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
Receive your documentsYour will and supporting paperwork are produced, ready to print.
Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.

Sources

Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
GOV.UK — Making a will
Citizens Advice — Wills

Reviewed by: ClearLegacy editorial team
Last reviewed: June 2026
Next review: December 2026
Jurisdiction: England & Wales

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