As the second in my series about Instruments of Variation, I thought that you should know who can actually put in place a Variation.
The idea of varying a Will is to change the situation, which (usually due to an out of date Will, or even no Will at all) is not appropriate.
So the big question is – who can vary an Estate?
When an Estate is varied it is best for the following people to execute the document:
• Trustees (when either taking out or putting in place Trusts)
• All residuary beneficiaries who are accepting the changes
• An individual who is giving up his/her entitlement
• All those who would have received assets under an Intestacy
The reasons are:
• Executors – must know if assets have now been re-directed
• Trustees – must be aware of the changes and what their role will now be
• Beneficiaries – must agree if they are giving up part of their entitlement
• Individuals – must always sign if giving up all/part of their entitlement
• Intestacy – when varying an Intestate Estate everyone who would have received assets under the rules must agree to the variation
These are just some of the situations where particular people must sign the Variation document. Each case is different! If you need further advice call me for an informal chat.