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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10778
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My dad has died and we need to start probate. My brother and

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My dad has died and we need to start probate. My brother and I are only beneficieries. Can I apply a deed of variation for my half of estate in favour of my daughter at this time. House is to be sold also.


Thanks for your enquiry and am sorry to hear of your loss.

You will indeed be entitled to enter into a Deed of Variation, which will need to be signed by you and your brother at any time up to 2 years from the date your Father passed. It would be normal for the Deed to be prepared after Probate has been granted but there is no harm in entering into it before Probate has been granted. A local Solicitor is likely to charge you £250-£350 plus VAT for preparing the Deed.

I hope this confirms the position, but please let me know if you require any clarification.

Kind Regards


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Customer: replied 1 year ago.
Does that then entitle me to then pass on my share of the house sale as well?