I would be grateful for a steer on this. I am supporting our Dispute Resolution Team in the settlement of a possible TLATA case. We are advising X, the claimant. The two beneficiaries of the deceased’s estate receive the property 50/50 and both have agreed to pass the house in it’s entirety to X. It’s surprisingly amicable!
We can complete variations accordingly on behalf of the beneficiaries but if X bears the cost of the variations, does this amount to extraneous consideration and would thus render the reading back provisions invalid?
It seems bonkers to me that this would in fact be the case as it seems to happen quite often, that recipients of variations want to foot the bill for the same themselves and not lumber the estate with it.