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JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 43
Experience:  Court of Protection, civil litigation, divorce and inheritance
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My Mother dies last year, July, and left her entire estate

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My Mother dies last year, July, and left her entire estate (barr smaller sums) to me. She excluded my brother because he refused to have anything to do with our family for the last 9-years. I have completed executing the will and would now like to give some of this to my brother. However I don't want him to be able to come back for more. I am not splitting it 50:50 but I am also not being unfair and he agreed the sum with me.
As this is now past the 6-month limit should I arrange for a deed of variation or is this not required? I want to ensure this is the last act in relation to this inheritance.
Thank you
Paul Filkin
Good eveningThank you for your message.Drawing up a deed of variation is a good safety measure for you should your brother for one reason or another decide to make a claim against the estate/you. There are no guarantees in litigation, however any evidence (such as a signed Deed of Variation) should support your case.Although the 6 month rule has passed, an application to the Court can be made to lift the time limit. Your brother would have to provide extenuating circumstances, but that's just another example that there is no guarantee in litigation and paying for a Deed of Variation may be worth your while.Please note the 6 month time limit does not apply to any promissory estoppel claim (a promise made by your mother in her lifetime which is then broken). Although this may not be relevant to your case (as I do not know the full facts), you must ensure there is no potential for that sort of claim. I hope that helps.Best of luckKind regardsKrystel*Please rate my answer so I can be credited for it.
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Customer: replied 5 years ago.
Thank you. I asked this question in the hope of learning whether there is a more appropriate action than the one I noted. I can see you answered the question literally but didn't make any suggestion or indicate that there might, or might not, be a better approach.