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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15907
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My mother has recently passed and left some money to her

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My mother has recently passed and left some money to her grandchildren but are refusing to accept it. Do I need a legal letter from them to say they do not want it?
JA: Estate laws vary by state. What state are you in?
Customer: Yorkshire, England
JA: What documents or supporting evidence do you have?
Customer: My mother's will and just a Whatapp message from the children
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The grandchildren are only in receipt as their mothers passed away so their share goes to their children if that makes sense

Hi,

Thank you for your query. I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

If you’d rather not accept a gift from a deceased person’s estate, you have a few options…


  • You could accept the inheritance and then simply give it away. This however, could have tax implications.

  • There is the option to refuse or ‘disclaim’ the inheritance. If you disclaim an inheritance it will stay as part of the deceased’s estate and will be re-distributed. The problem with this is that you have no control over where the asset goes. It could pass to someone who you would prefer not to receive it.

A better approach may be to change the direction of the gift using aa ‘post-death variation’.

UK tax laws allow post-death variations to be treated for tax purposes as though the changes to the inheritance had been put in place by the deceased, rather than the original beneficiary.

This gives a double advantage. You can avoid an adverse tax situation and choose where the inheritance goes.

But do be aware that there are specific conditions that apply to post-death variations. If these conditions are not met the tax advantages will be lost…

A variation must be in writing. This document is usually referred to as a Deed of Variation. This can be used to make post-death changes to a Will, or to re-direct a share of an estate.

A Deed of Variation must be completed within two years of the death to qualify for exemption under the inheritance tax (IHT) and capital gains tax rules. It must also contain a statement that the tax exemption rules are to apply.

I hope this answers your question. If you have any further questions, please do not hesitate to ask.

Many thanks,

Customer: replied 15 days ago.
Than you. Would the Deed of Variation need to be completed by a solicitor?

Yes, it will need to be witnessed in the presence of a solicitor.

I hope this helps

Customer: replied 15 days ago.
Thank you that's a great help and hopefully I will be able to sort things out sooner rather than later.

Its a pleasure.

Good luck!

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