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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10773
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

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Can a Deed of Family Arrangement be executed before Probate is granted?
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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.
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Hi Roger,
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