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IHT · Deeds of variation · 2026/27

IHT deeds of variation explained (2026/27)

A deed of variation lets a beneficiary redirect their inheritance to someone else within 2 years of death, treated for IHT and CGT purposes as if the deceased had made the variation themselves. It can save tax, equalise an estate among children, skip a generation, or fix an unfair will. This page covers the legal requirements, how it works, and the key tax and family considerations.

6-minute read

Deeds of variation in one paragraph: within 2 years of a death, a beneficiary can rewrite the deceased's will or intestacy distribution by signing a deed of variation. For inheritance tax and capital gains tax purposes, the variation is treated as if the deceased had made it — the change works "retrospectively" for tax. Most common uses: skip a generation to grandchildren, equalise unequal bequests, redirect to charity for the 36% IHT rate, or fix an outdated will.

A valid deed of variation must:

If any condition fails, the variation may still be legally effective between the parties but won't get the tax treatment.

The retrospective tax effect

The killer feature: the variation is treated as if it had been the deceased's original disposition. So:

This is unique to deeds of variation. Any other gift between beneficiaries would be treated as a new transfer (potentially a PET) with the 7-year clock and CGT consequences.

Common use cases

1. Generation-skipping to save future IHT

The deceased's adult children, who don't need the inheritance, can vary the will to pass directly to grandchildren. The benefit:

2. Equalising bequests

The will might have been drafted unequally (e.g., one child got the house, another got cash, but house value has changed). Beneficiaries can agree to redistribute via a deed.

3. Redirecting to a charity for the 36% rate

If at least 10% of the net estate passes to charity, the IHT rate on the rest drops from 40% to 36%. A beneficiary can vary the will to direct some of their inheritance to a charity, triggering the rate reduction. The non-charitable beneficiaries net more after tax.

4. Fixing an outdated will

The deceased may have written a will 20 years ago that didn't account for current family circumstances (new spouses, divorced spouses, children with disabilities). A deed can update it.

5. Setting up a discretionary trust

Particularly to use the deceased's nil-rate band for future wealth, or to protect inherited assets for beneficiaries who can't yet manage them.

Worked example: generation-skipping with IHT and tax saving

Mrs M dies in 2026 with an estate of £900,000 entirely going to her only son (no spouse). Estate value:

Son already has his own estate of £2m. His own death would create another IHT charge on this inheritance.

Variation: son agrees within 2 years to pass £300,000 of his inheritance to his daughter. The variation is treated as if Mrs M's will had gifted £300,000 to her granddaughter direct.

Net family saving from the variation: £120,000 of future IHT.

The CGT angle

The CGT treatment in a deed of variation is potentially distinct:

Limits and traps

What about the deceased's pension?

Pension death benefits are outside the estate (if discretionary) so a deed of variation doesn't apply. The pension scheme administrator decides nominations and beneficiaries.

If the deceased's pension is paid as a lump sum to the estate (rather than to nominated beneficiaries), it forms part of the estate and could be subject to a variation in theory — but this is rarely the optimal route.

Common deed-of-variation mistakes

Sources

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