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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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This question relates to a Deed of Variation of a Will. My

Resolved Question:

This question relates to a Deed of Variation of a Will.

My Mother-in-Law Ruth died a year ago. After a few bequests the balance of her estate was left in equal shares to my wife and her sister. This balance included Ruth's 55% share in a single investment property divided into 3 flats. My wife and her sister already owned 22.5% of the property each. Probate was granted 8 month's ago and the Land Registry entry has been amended so they now own 50% each as Tenants in Common. There is a single Land Registry entry for the property as a whole.

All 3 flats have been rented out on Assured Short Term tenancies. The value of the largest flat is equal to the value of the other 2 flats combined. My wife and her sister wish to separate their affairs and have agreed to create long term leases with my wife being assigned the lease for the two smaller flats and her sister being assigned the lease to the larger flat. At the last minute my wife's sister has said she wants a Deed of Variation so that the 27.5% share she inherited is split between herself, her husband and her 2 children. My wife does not wish for there to be any variation in respect of her own inheritance and wishes to proceed with the granting of the leases without delay.

The questions are:

1. Can a Deed of Variation be issued in respect of part of the balance of an Estate where the Asset involved was not specifically identified in the Will?

2. Can a Deed of Variation be issued in respect of my wife's sister's inheritance after the leases have been granted and the asset effectively split? If this can be done it would enable my wife to agree without delaying the granting of the leases.

Thank you

Robin Amswych
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
The answer to both questions would have been yes had the mater not already been dealt with at the Land Registry As things stand this will complicate the matter - but it is still possible.
Your wife should ensure that any costs involved are bourne by her sister!
Clare
Customer: replied 3 years ago.

Hi Clare


Is there any more information you need from me?

Customer: replied 3 years ago.

Hi Clare


I am looking for a more detailed answer. What are the complications caused by the matter having been dealt with at the Land Registry?


Thank you


Robin

Customer: replied 3 years ago.
Relist: Incomplete answer.
No response to my questions
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay - I was offline unexpectedly for a period last week
has the transfer not already been registered then there would have been no complication at all as it would simply have been a matter of altering the ownership of the original freehold.
In many ways this is in fact still the position - but the paperwork will be more complex as the Freehold and the Leasehold documentation will need to be altered
Clare
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