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What exactly are you trying to achieve here because I can’t see any reason why one person’s legacy should bear the tax and they get money as a result, to offset against the tax?
Ultimately, any change to the provisions of a will has to be done by a deed of variation which then treats the bequests variation is as if it was in the original will
The 2 beneficiaries are able to agree what they like between them and to deal with this by a deed of variation.
The proceeds of the estate would then be dealt with as though the variation agreed between the two parties was how the will was written in the first place.
I cannot comment on the tax situation in another country but if that’s what happened in the United Kingdom then the benefits purposes, the variation of the will would be seen as a deliberate deprivation of assets and any benefits received would be dealt with as though there had been no variation.
For tax purposes however it is dealt with as though that was the original will.
If a will is invalid, then a deed of variation is not possible because the whole estate is dealt with under the rules of intestacy which are set in stone. It’s not possible to vary the statutory provisions although the beneficiaries could do what they like between them. You are absolutely correct however that if there is no spouse and only 2 children and the will said that everything was split 50-50, it begs the question as to why anyone would want to contest the will.
I am pleased to have helped you.
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