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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Can a Deed of Family Arrangement be executed before Probate

Resolved Question:

Can a Deed of Family Arrangement be executed before Probate is granted?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Such a Deed, called a Deed of Variation can be done before or after a Grant of Probate is issued, and if it is to be done to avoid tax, it must be completed within 2 years from the date of death.
A variation cannot be done without the consent of everyone likely to be affected by it. So a variation cannot be done if the affected persons are minor children, as they cannot enter into a deed. Such a variation would need the consent of the court before it could be done, and such consent is not readily given.
I hope this assists and answers your question.
Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.
Hi Roger,
Can I assist you any further?
Kind Regards
AL

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