Life Interest / Deed of Variation

The deceased’s Will created a life interest for his share of the property in favour of his partner for life and then to his daughter as remainderman.

The property has been sold within 2 years of the date of death and both the partner and daughter (as life tenant and remainderman) wish to bring to an end the Life Interest and have reached an agreement as to the capital value to be split between them.

Can this be done by way of a Deed of Variation of the original Will? Or will it be a Deed of Partition and a PET on behalf of the Life Tenant to the value she is giving away?

Yes, if the variation is completed within 2 years of death, the partner and daughter can vary the dispositions of the property as proposed so that s.142 IHTA 1984 and s.62(6) TCGA 1992 may apply.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals