Deed of Variation - original asset sold and proceeds used by original beneficiary to purchase something else

Dear all

I wonder if you would be able to assist me with this. I have a client, X, whose mother died domiciled in Hong Kong, where the Will has been proven. In it, it appointed X as sole executor and beneficiary of all assets. There was a property in the UK, which has somehow been sold without a grant but now the LR won’t register the new owner without a grant.

Deceased’s spouse was also domiciled in Hong Kong and X wishes to now vary the estate in the UK so it passes to surviving spouse (to make use of the spouse exemption). However, X has used the sale proceeds to purchase another property and I am unsure if this would be something which can now be varied. I appreciate the original sale proceeds could have been but if there is a new asset in the name of the original beneficiary, can that be varied to pass across? This will still be within the time limit etc.

Any thoughts welcomed!

Shamima Begum