I am dealing with an estate where one of the residuary beneficiaries has executed a Deed of Variation prepared by her local solicitor. Unfortunately it is ineffective as it purports to give 3 legacies before payment of the residue (which is split 3 ways). The other 2 beneficiaries have not signed the Deed to consent to this. Furthermore, the varying beneficiary’s intention was that the 3 legacies came from her share of the estate only.
I have advised her to speak to her solicitor in this regard but I am concerned that as the Deed is irrevocable, if her solicitor simply drafts a new Deed of Variation, is this falling foul of the rule against varying the same asset twice?
John Hodge Solicitors