Estate Distribution - LCS Legal Dawlish

Estate Distribution

Provision for Family & Dependants Act 1975 - Courts have the power to override a Will where the content is contested.

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Deed of Variation – A document that allows the Estate to be distributed differently to the Will provided all beneficiaries agree. These documents must be entered into within two years of the date of death.

The Executor's duty is to distribute the Estate in accordance with the Will having already dealt with the Estate's liabilities. Occasionally gifts under the Will cannot be made (or cannot be made in full).

This is usually due to one of several reasons:

  • Vexatious gifts – if the deceased did not own an asset then it cannot be left under their Will
  • Ademption - Gifts that were owned at the date of making the Will but were not owned by the testator at the date of death
  • Diminution - Gifts of Residue may fail if there are no funds in the Residuary Estate. In these circumstances cash legacies may have to be proportionately reduced.

At LCS we can advise on and draft Deeds of Variation where applicable.


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