Financial Times FT.com

Don’t rely on a will’s default provisions

By Steve Lodge

Published: September 26 2008 18:33 | Last updated: September 26 2008 18:33

My mother died two years ago leaving everything to my father, who is now 85. The four children did a deed of variation (with my father’s agreement) and distributed some money to each of us. My father kept the family home and lives there, but his will leaves everything to our now deceased mother. What would happen on his death if his will is unchanged? Should we persuade him to make a new will leaving his estate to the four of us – which is his intention? Or should we do another deed of variation after his death?

Paul Hewitt, partner in the contentious trusts and succession group at law firm Withers, says the deed of variation to your mother’s estate will have been effective because of your father’s participation.

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