Deeds of Variation: A Smart Way to Reduce Inheritance Tax After You Inherit

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Bik-ki Wong - Partner and Head of our Wills, Trusts, and Probate

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Receiving an inheritance can be life‑changing but if you have substantial assets of your own, it can further increase your inheritance tax (IHT) liability unless the funds are spent or gifted away during your lifetime.  In many cases, the funds simply accrue and end up being taxed at 40% on your death.

A deed of variation offers a flexible opportunity to plan, of which our Wills, Trust & Probate solicitors will be exploring in this blog. 

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What is a Deed of Variation?

A deed of variation allows the original beneficiaries of an estate to change how their inheritance is distributed after death. If made within two years, it is treated for tax purposes as if the deceased had made the redirected gift themselves for IHT purposes and Capital Gains Tax (CGT) purposes.  The specific provision is contained in Section 142 IHTA 1984.

This means you can redirect assets without creating a gift (and having to survive 7 years) and the new beneficiaries will acquire the inheritance directly from the estate at date of death value.

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Inheritance Tax IHT Planning

Why it is Effective for IHT Planning

A deed of variation allows you to do many things including:

  1. Stop further assets being added to your estate
  2. Pass wealth to the next generation sooner
  3. Rearrange inheritance to benefit from IHT exemptions (such as spouse or charity exemptions) to increase the funds available for passing on
  4. Protect assets from future IHT
  5. If used in conjunction with a trust, it can be flexible and allow more people to benefit and in different ways.

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Basic IHT Rules unchanged

Using a Trust for Added Control and Protection

One of the most effective strategies is to vary part of an inheritance into a trust rather than taking it personally.

Commonly, a discretionary trust is used to keep assets outside your estate but allows you to retain both control (by becoming a trustee) and access to the trust funds (by being a potential beneficiary).  This can be a great way to keep a “rainy day” fund!

The trust is funded as if the assets passed directly from the deceased, often up to the value of the nil‑rate band (currently £325,000).

Example

Mr Myerson inherits £400,000 but doesn’t need it. By redirecting £300,000 into a trust within two years the following happens:

  • Mr Myerson’s own estate is reduced by £300,000;
  • the assets are protected for Mr Myerson’s children or grandchildren or any of his chosen beneficiaries;
  • Mr Myerson remains a potential beneficiary of the trust in case he needs funds; and
  • A potential £120,000 IHT liability is mitigated in Mr Myerson’s estate.

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Beneficiaries and Trust Information

Timing and Advice Are Key

A deed of variation is usually made in writing and signed by the original beneficiaries giving up their inheritance.

Deeds of variation are time‑limited and technically complex. They must be completed within two years of death, meet strict legal and tax requirements and be carefully structured to avoid unintended consequences.

In summary, a deed of variation is a valuable planning tool for those who inherit assets they don’t need and want to protect family wealth for future generations. Incorporating a trust can enhance control, flexibility and tax efficiency.

If you’ve inherited recently, make sure you take early advice as it can make a significant difference.

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Contact Our Wills, Trusts and Probate Solicitors

If you have recently received an inheritance and want to explore whether a deed of variation could reduce your inheritance tax liability, our specialist Wills, Trusts and Probate solicitors are here to help.

To discuss inheritance tax planning, deeds of variation or any aspect of estate planning, please contact our Wills, Trusts and Probate team:

0161 941 4000

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Bik-ki Wong's profile picture

Bik-ki Wong

Partner and Head of our Wills, Trusts, and Probate

Bik-ki has over 20 years of experience acting as a Wills, Trusts, and Probate solicitor. Bik-ki is an expert in dealing with high net-worth individuals as well as those who have more complicated circumstances or those with mental capacity issues.

About Bik-ki Wong