I have been asked a question by a potential client. Their spouse died 12 months ago and the Estate administration has now been completed.
There were some jointly owned rental properties in the Estate and these now rest solely with the surviving spouse.
The individual now realises that their total Estate will exceed £1,000,000 and expects to survive until at least April 2020, by which time they will have a combined NRB and RNRB of £1m.
As a result they would like to transfer some property to their daughter to bring the Estate back under £1m.
A deed of variation would be preferable as the property can transfer at Probate Value. A direct gift now would result in CGT being payable due to the blended base cost for the property.
And so to my question … can a deed of variation be entered into after the estate has been administered and all assets have been distributed?