Deed of Variation and Grant of Probate Case Study

28 September 2016

Client Situation

After speaking with our Probate Advisory team Miss G from London instructed Co-op Legal Services to deal with the Probate of her late mother’s estate.

Miss G required the balance of the funeral to be paid and her late mother’s property to be sold.

Under the original Will various family members were due to receive fixed sum legacy payments and a share in the remaining estate but wished to include a further beneficiary. With the addition of this beneficiary there would not have been enough funds in the estate to settle everyone’s entitlement in full.

With our Probate Complete Service we take full responsibility for obtaining Grant of Probate and dealing with the Legal, Tax (not VAT), Property and Estate Administration affairs*.

How We Helped

Probate Case Manager Grant Sanders talked to Miss G about the situation and the work required.

As the family wished to vary the distribution of the estate, Grant worked out what proportion of the estate each beneficiary would have received had there been enough funds, a Deed of Variation was drawn up which made provision for this percentage of the estate in the Deed to make the distribution as fair as possible.

Grant also arranged for the funeral to be paid and the deposit Miss G had paid to be reimbursed to her.

Miss G asked Grant to arrange for the Co-op Conveyancing team to organise the valuation and sale of the property.

The Outcome

The property was sold and the funds from the estate were distributed to the beneficiaries within six months of receiving the Grant of Probate.

“The excellent service that Grant Sanders and the Co-op provided have been second-to-none. ​Many thanks for the sensitive way in which you handled some very challenging issues.” Miss G., London

The Co-op Probate team includes more than 150 specialist Probate Solicitors, Lawyers, Case Handlers and Advisors. Our national team of Probate Consultants are available for in-home visits in England and Wales by appointment only.

*We can also pay all the costs of a Co-op Funeralcare funeral, providing the Estate owns sufficient assets which can be sold in due course to repay our costs.

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