Deed of Variation Question.
My father died recently and we can’t find a Last Will, though we are pretty sure there was one.
There are two children, me and my brother. We had a sister who died 15 years ago and she had 2 children. Just to complicate things, after my father’s death a friend of his informed us that one of her sons was actually my fathers son as well. Under the rules of intestacy he would be entitled to an equal share as myself, my brother and my deceased sisters children. The friend says her son doesn’t want anything but the Law doesn’t says he is entitled. I accept that myself and my brother and my deceased sisters children should be beneficiaries but don’t feel this person who has had nothing to do with him had the same share as me following my fathers death.
Have I any chance of successfully obtaining a deed of variation?
Your Deed of Variation Question Answered:
A Deed of Variation must be agreed firstly by the person who is giving something up, as well as by the Court if they are under 18.
So that is unlikely to work.
Under Intestacy, the children of the brother who died would inherit half each of his share.
As far as the “new” brother is concerned, he will potentially inherit as long as he was not legally adopted into the family he considers his. (If he was, he is no longer eligible for a share.)
Just saying that he is your fathers son is of course not adequate. Genetic testing
would prove or disprove such a claim, as paternity is sometimes wrongly attributed.
It does sound as if this would be a case best handled by professionals such as ourselves before tempers run too high! The answer is just a basic one, and things may get more complex.
More on Deeds of Variation.