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JGM, Solicitor
Category: Law
Satisfied Customers: 15749
Experience:  30 years as a practising solicitor.
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I understand we four children can vary our late mother's

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I understand we four children can vary our late mother's Will. This is because of circumstances which have arisen. Does this have to be a legal document?
JA: Where are you? It matters because laws vary by location.
Customer: I live in Cheltenham, Gloucestershire
JA: What steps have you taken so far?
Customer: We need to know the legal position before going any further. Mother left the house to be divided between the four of us, on condition that I can stay in the house for as long as I need. However, I now need to move into sheltered accommodation, but need the proceeds of the house to do so
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that before going any further with selling the house, that everything is legal. Accomodation I would buy would of course be sold when I no longer need it.

Thanks for your question. You can enter into a formal variation of the will. That is usually done for tax purposes and is called a Deed of Variation and is entered into within 18 months of the death. What you are doing here is relinquishing the right to stay in the house and using the funds to buy a retirement home on the basis that it will be sold in due course and the proceeds divided. There is nothing to stop the family entering into an agreement to that effect but you should have a formal agreement drawn up so that there is no doubt what is being agreed. That is to protect the interests of all of the family members. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

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