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Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10621
Experience:  Barrister 17 years experience
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I'm Tony. My exwife died last year and left everything to

Customer Question

Hi I'm Tony. My exwife died last year and left everything to my children. They made a DofV giving them £325k to share and me the rest. Now they only want to give me a quarter of the IHT saved, rather than the resisual of the estate (about £175k). If I press to get my money can they revoke the Deed? I get the feeling they would rather pay the IHT than see me get all the money!
Submitted: 2 years ago.
Category: UK Law
Expert:  Buachaill replied 2 years ago.
1. Dear *****, this is very sharp practice by your children. However, you need to be equally sharp to get the better of them. Accordingly, what I would advise you to do is to let them go ahead and register the Deed of Variation with the Probate Office and the Revenue and arrange matters in accordance with this plan. Then, when you are sure this has been done, you can then sue for the full 175k you are less any monies you get. Your cause of action will lie against the executors or administrators of the estate as well as the solicitor who acted in the matter. However, the chain of events has to reach the point of no return for everyone involved before you sue for the full amount of your money. But in law you are entitled to the full 175k and this is what you sue for. So it might be best to leave it until the money has been distributed and then seek your full entitlement.