Ƶ

Alex Denne
Growth @ Ƶ | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Understanding Deeds of Variation (UK)

9 Jun 2023
26 min
Text Link

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Understanding Deeds of Variation is an important concept for those with an interest in inheritance law. A Deed of Variation allows a beneficiary to alter the distribution of an estate, or change the class of beneficiaries, while still honouring the wishes of the deceased. Yet there are potential risks associated with creating a deed that must be taken into account before signing. In this guide, we explain what Deeds of Variation are and look at their potential benefits and risks.

A Deed of Variation is a document which allows beneficiaries to rearrange or vary the terms of a Will or intestacy without requiring court intervention. This could be used to distribute estates more tax efficiently, ensuring that the last wishes of the deceased are respected, as well as providing financial security for beneficiaries by transferring assets to them for their own support.

However, it is essential that legal advice is sought before signing any deed due to potential implications on tax liabilities arising from varying assets within an estate; if a beneficiary is under 18 years old than any variation may not be legally binding; also if they are related then family law issues such as disputes over changing terms will need consideration.

In conclusion, although there can be advantages gained in using Deeds of Variation it’s crucial that all attendant risks and obligations are weighed up against them first - our team can provide access to free templates and step-by-step guidance so you can ensure your decisions around varying estates aligns with legal requirements (without needing Ƶ account). So read on below for more information…

Definitions

Executor: A person appointed in a will to carry out the instructions of the deceased, such as distributing the assets.
Beneficiary: A person who receives something from a will or trust, such as money or property.
Testator: A person who has made a will and is now deceased.
Trusts: A legal arrangement in which one person or entity (the trustee) holds legal title to property for another person (the beneficiary).
Taxable: Subject to taxation.

Contents

  1. What is a Deed of Variation?
  2. Definition
  3. Types
  4. When might a Deed of Variation be used?
  5. Example scenarios
  6. How is a Deed of Variation created?
  7. Checklist of steps
  8. Drafting considerations
  9. What are the legal requirements for a valid Deed of Variation?
  10. Formalities
  11. Requirements for a binding agreement
  12. Statutory requirements
  13. What are the tax implications of a Deed of Variation?
  14. Tax benefits
  15. Tax liabilities
  16. How is a Deed of Variation executed?
  17. Execution procedures
  18. Signing requirements
  19. What are the potential risks associated with a Deed of Variation?
  20. Financial risks
  21. Legal risks
  22. What are the benefits of a Deed of Variation?
  23. Financial benefits
  24. Legal benefits
  25. What other considerations should be taken into account when using a Deed of Variation?
  26. Timing
  27. Potential conflicts
  28. Capacity
  29. What is the legal process for challenging a Deed of Variation?
  30. Grounds for challenging
  31. Burden of proof
  32. Statutory requirements

Get started

What is a Deed of Variation?

  • Find out what a ““Deed of Variation”” is and what it involves
  • Read up on the relevant case law and statutes related to Deeds of Variation
  • Become familiar with the purpose of Deeds of Variation and the types of Deeds that can be used
  • Understand the potential tax implications of a Deed of Variation
  • Learn how to draft a legally binding Deed of Variation
  • Check that any potential Deed of Variation meets the requirements of the law
  • Understand the legal requirements for valid execution of a Deed of Variation
  • When you are confident that you understand what a Deed of Variation is, you can move on to the next step.

Definition

  • Understand that a Deed of Variation is an agreement between two or more parties that allows for the variation of a previous agreement or will
  • Learn that a Deed of Variation is a legal document that must be drafted, completed and signed correctly
  • Be aware that the parties to the Deed of Variation must agree to the changes outlined in the document
  • Realise that the Deed of Variation is a separate legal document and must be registered in the relevant land registry
  • Know that the Deed of Variation must be signed by all parties and witnessed by an independent individual

You will know you can check this off your list and move onto the next step when you have a good understanding of the definition of a Deed of Variation and the process around it.

Types

  • Deed of Variation to vary a Will: This deed is used to vary the terms of a will after the death of the Testator
  • Deed of Variation to vary a Trust: This deed is used to vary the terms of a trust or to vary the terms of a trust deed
  • Deed of Variation to vary an Interest in Possession: This deed is used to vary the terms of an interest in possession
  • Deed of Variation to vary a Contract: This deed is used to vary the terms of a contract
  • Deed of Variation to vary a Statutory Instrument: This deed is used to vary the terms of a statutory instrument

When you can check this step off your list and move on to the next:
Once you have an understanding of the different types of Deeds of Variation, you can move on to the next step: ““When might a Deed of Variation be used?””.

When might a Deed of Variation be used?

  • A Deed of Variation can be used to make changes to a Will after it has been written
  • It allows changes to be made to the distribution of a deceased person’s estate
  • It can also be used to make changes to the beneficiaries of a Will
  • It is important to be aware of the legal implications of using a Deed of Variation
  • It is also important to get advice from a qualified solicitor when making any changes to a Will

Once you understand when a Deed of Variation may be used, you can move on to the next step: Example scenarios.

Example scenarios

  • A Deed of Variation may be used to change the way an inheritance is distributed under a Will; for example, a beneficiary may want to give an increased share of the inheritance to another beneficiary
  • A Deed of Variation can also be used to change the way a beneficiary receives their inheritance; for example, a beneficiary may want to receive their inheritance in a different form, such as in a trust or a company
  • A Deed of Variation can also be used to change the way an asset is used; for example, a beneficiary may want to change the use of a property from a personal residence to a rental property
  • Once you have identified the scenarios in which a Deed of Variation may be used, you can move on to the next step of understanding how a Deed of Variation is created.

How is a Deed of Variation created?

  • Draft the deed of variation. This document should include the names and addresses of the parties involved, the deceased’s name, the date of death, the date of the deed, and the date of the transfer.
  • Have all parties involved read and sign the deed of variation.
  • All parties should have independent legal advice and should receive independent advice from a tax adviser.
  • All parties should check that the deed of variation is in accordance with the wishes of the deceased and any relevant statutory requirements.
  • Register the deed of variation with the Land Registry.
  • You will know that this step is complete when you have received confirmation that the deed of variation has been registered.

Checklist of steps

  • Check the relevant legislation and case law to ensure the deed of variation is valid
  • Obtain the necessary advice from an expert or specialist
  • Prepare the deed of variation, taking into account the necessary legal requirements
  • Have the deed of variation signed and witnessed in accordance with the legal requirements
  • Have the deed of variation registered in the relevant registry
  • Ensure that the deed of variation is properly executed
  • Check that the deed of variation has been properly served on the relevant parties
  • Check that all paperwork has been completed correctly
  • Once all steps have been completed, the deed of variation is legally binding and enforceable

Drafting considerations

  • Seek advice from a lawyer or legal advisor to ensure your Deed of Variation is valid
  • Make sure that the parties involved in the Deed of Variation are clearly stated
  • Make sure that the original wording of the will, trust or other estate provision is accurate
  • Ensure that the Deed of Variation is adequately signed and witnessed
  • Make sure that the Deed of Variation is registered with the appropriate authority
  • Ensure that a copy of the Deed of Variation is kept safe
  • Consider any potential tax implications of the Deed of Variation

You will know when you can check this off your list and move on to the next step when you have sought advice from a lawyer or legal advisor, the parties involved in the Deed of Variation are clearly stated, the original wording of the will, trust or other estate provision is accurate, the Deed of Variation is adequately signed and witnessed, the Deed of Variation is registered with the appropriate authority, a copy of the Deed of Variation is kept safe, and any potential tax implications of the Deed of Variation are considered.

What are the legal requirements for a valid Deed of Variation?

  • A Deed of Variation must be in writing and signed by all relevant parties.
  • The parties must have the legal capacity to enter into the Deed.
  • The Deed must be properly witnessed (if applicable).
  • The Deed must be executed as a deed in accordance with the relevant formalities.
  • The Deed must be dated.
  • The Deed must be registered with HM Land Registry (if applicable).

You will know you can check this off your list and move on to the next step when you have completed all of the above requirements and the Deed of Variation is ready to be executed.

Formalities

  • Ensure the deed of variation is written on the correct legal document
  • Obtain the necessary signatures from all parties involved in the agreement
  • Have the deed of variation witnessed and dated correctly
  • Have the deed of variation stamped by HMRC (if applicable)
  • Ensure that all parties involved in the agreement have received a copy of the deed of variation
  • Check that all parties involved are in agreement with the terms of the deed of variation

Once all of the above steps have been completed, you can move on to the next step: ### Requirements for a binding agreement.

Requirements for a binding agreement

  • A deed of variation must be in writing and signed by all parties
  • The deed must state that it is intended to vary the original Will or intestacy
  • The deed must set out which provisions of the original Will or intestacy are to be varied
  • Where the deceased’s estate is to be varied, the deed must set out how the estate is to be varied

Once all of these requirements have been fulfilled, you can move on to the next step of understanding Deeds of Variation (UK), which is the statutory requirements.

Statutory requirements

  • Check that the deed of variation is made within two years of the death of the deceased
  • Check that the deed of variation is signed by all the beneficiaries that would have inherited the estate under the original will
  • Check that each beneficiary is of legal age (18+)
  • Ensure that no third party is involved in the deed of variation
  • Ensure that the deed of variation is made in writing and signed by the beneficiaries
  • Check that the deed of variation does not conflict with any public policy

Once you have completed the above steps, you can be sure that your deed of variation meets the statutory requirements and is ready to be executed.

What are the tax implications of a Deed of Variation?

  • Check if the Deed of Variation is subject to Inheritance Tax in the UK
  • Determine the tax status of the parties involved in the Deed of Variation
  • Consider whether any tax reliefs or exemptions may be available
  • Seek professional advice and guidance if unsure of any of the tax implications

Once you have considered the tax implications of the Deed of Variation and if they are suitable, you can move on to the next step.

Tax benefits

  • Understand the tax benefits of a Deed of Variation, such as Inheritance Tax (IHT) relief, Capital Gains Tax (CGT) relief, and Stamp Duty Land Tax (SDLT) relief
  • Familiarize yourself with the tax implications of the Deed of Variation and the conditions that need to be met to be eligible for these tax benefits
  • Gather all the relevant documents and information needed to file a Deed of Variation with HMRC
  • Calculate the expected tax savings from the Deed of Variation
  • Confirm that the Deed of Variation is compliant with all of the relevant tax laws and regulations
  • When you’re certain that you understand the tax implications of a Deed of Variation and that all necessary documents and information have been collected, you can move on to the next step.

Tax liabilities

  • Understand the tax implications of the deed of variation - this includes the potential tax benefits and liabilities for the parties involved
  • Seek advice from a tax specialist to ensure that all parties understand the tax implications of the deed of variation
  • Ensure that the deed of variation is drafted in a way that maximises the tax benefit and minimises the tax implications
  • Check with HMRC to ensure that the deed of variation will not trigger any tax liabilities
  • When all parties are satisfied with the tax implications of the deed of variation, you can check this step off your list and move onto the next step.

How is a Deed of Variation executed?

  • A Deed of Variation must be signed by all parties involved, including the person who is executing the variation.
  • All parties must sign in the presence of a witness who is over the age of 18 and not a beneficiary.
  • The Deed must then be dated to be valid.
  • Once the Deed is signed and dated, it should be sent to all relevant parties, such as HMRC, for approval.
  • Once approved, the Deed of Variation will take effect from the date it is signed.

You will know that this step is complete when all parties have signed the Deed of Variation and it has been approved by HMRC.

Execution procedures

  • Prepare and sign a deed of variation by all parties
  • Obtain any required consent from third parties
  • Have the deed of variation witnessed and dated
  • Have all parties sign the deed of variation
  • When all of the above steps are completed, the deed of variation is executed and entered into the deed registry.

Signing requirements

  • Deed of Variation must be signed by all parties involved
  • Parties must be over 18 years of age
  • All parties must sign the Deed of Variation in front of a witness
  • Witness must be a person who is not a party to the Deed of Variation
  • All parties must sign the Deed of Variation in the presence of the witness
  • The witness must also sign the Deed of Variation to confirm that all parties were present and signed the Deed
  • Once all signatures are obtained, the deed of variation is complete and can be filed with the relevant authorities
  • You know that you have completed this step when all signatures are obtained and the deed of variation is signed and filed.

What are the potential risks associated with a Deed of Variation?

  • Understand that if the variation is not drafted correctly, it could be challenged in court
  • Be aware of the possible tax implications of the variation, as it may lead to an increase in tax liabilities for those included in the variation
  • Make sure that the Deed of Variation is correctly witnessed and signed by all parties involved
  • Be aware of any potential implications on any prior agreements or contracts that may be affected by the variation
  • Ensure that all parties are aware of their rights and obligations under the variation
  • Check that the variation is in accordance with the applicable laws and regulations

You will know that you can check this off your list and move on to the next step when you have written down the potential risks associated with a Deed of Variation, and understand the possible implications for any parties involved.

Financial risks

  • Understand the implications of the proposed variations to the will on the financial position of the deceased’s estate
  • Make sure that any variation will not leave the estate in a worse financial position than it was prior to the variation
  • Consider the implications of HM Revenue & Customs (HMRC) inheritance tax (IHT) and capital gains tax (CGT)
  • Seek professional advice if necessary to ensure any variation does not leave the estate open to legal challenge
  • Check that all beneficiaries are in agreement with the proposed variations

You can check this step off your list when you have gained an understanding of the financial risks associated with a Deed of Variation, and considered any relevant taxes and legal implications.

Legal risks

  • Check that the deed of variation is valid to ensure the legal process is correct
  • Make sure to read the deed of variation carefully before signing – note that all parties involved must agree to the changes
  • Seek legal advice if there is any doubt over the legal implications of the deed of variation
  • Ensure that the deed of variation does not violate any existing laws
  • Understand the potential tax implications of the deed of variation
  • Be aware of the potential risks associated with changing the terms of a will

Once you have completed these steps, you can move on to the next step of understanding the benefits of a deed of variation.

What are the benefits of a Deed of Variation?

  • A Deed of Variation can be used to vary a Trust or Will, or alter the way assets are appointed, which can be beneficial to the beneficiaries
  • It can be used to reduce Inheritance Tax liabilities, or redirect assets to different beneficiaries
  • It can also be used to give away assets to charity, or to children from a previous marriage
  • It can be used to transfer assets to another person, or to postpone when a beneficiary receives their inheritance
  • You should check with a solicitor to ensure the Deed of Variation is in accordance with the Trust or Will, and is not in breach of any legal requirements
  • Once you have done this, you can be confident that the Deed of Variation is legally sound, and you can move on to the next step.

Financial benefits

  • Consider the potential tax advantages of a Deed of Variation, such as whether the transferor can benefit from the transferor’s annual exemption, capital gains tax exemptions and the ability to transfer assets between spouses tax-free.
  • Take into account any potential Inheritance Tax savings and check whether the transferor’s Estate qualifies for any reliefs.
  • If the transferor is a higher rate taxpayer, look at the potential benefits of transferring the asset to a lower rate taxpayer or a tax-exempt beneficiary.
  • If you are changing who the asset is left to, consider whether the new beneficiary is likely to pay more or less tax on the proceeds from the asset.
  • Check the gifting rules, which may require you to pay Capital Gains Tax if you transfer the asset to a new beneficiary.
  • When you have considered all of the tax implications, you can check this step off your list and move on to the next step.

Legal benefits

  • Consider the legal implications of a Deed of Variation.
  • Make sure the Deed of Variation is valid and in accordance with the law.
  • Check that the Deed of Variation does not conflict with any other legal obligations or agreements.
  • Make sure the Deed of Variation does not affect any third party rights.
  • Make sure the Deed of Variation is properly witnessed and signed.

When you have completed the above steps, you will have a clear understanding of the legal implications of a Deed of Variation. You can then move on to the next step, which is to consider the financial implications of a Deed of Variation.

What other considerations should be taken into account when using a Deed of Variation?

  • Check the tax position of anyone affected by the Deed of Variation and ensure that any necessary tax returns/payments are made
  • Seek independent legal advice to ensure that the Deed of Variation is valid
  • Consider the potential for capital gains tax, inheritance tax or Stamp Duty Land Tax (SDLT) implications
  • Take advice on the potential impact the Deed of Variation will have on existing wills and trusts
  • Consider whether any liabilities need to be addressed in the Deed of Variation
  • Ensure that the Deed of Variation is drafted and executed correctly

Once you have taken all of these considerations into account, you can move on to the next step in the guide: ### Timing.

Timing

  • A Deed of Variation must be signed within two years of the date of the will or intestacy
  • If the deceased died before 6th April 2010, then the Deed of Variation must be signed within one year of the date of death
  • If you’re executing a Deed of Variation after the two-year period, then you will need permission from the court
  • You can check this step off your list once you know the timing requirements for the Deed of Variation and have taken the necessary steps to meet those requirements.

Potential conflicts

  • Understand the potential conflicts that could arise, such as the original benefactor of the Will being disadvantaged by the Deed of Variation
  • Consider the implications of the Deed of Variation on any existing tax liabilities
  • Check if any trust provisions or other legal documents need to be amended, as a result of the Variation
  • Make sure that all parties involved in the Variation are aware of their rights and obligations
  • Once you have considered all of the potential conflicts, you can move on to the next step of determining the timing for the Deed of Variation.

Capacity

  • Understand that a Deed of Variation (DoV) is a document that can be used to vary the terms of a will or an intestacy.
  • Ensure you have the capacity to make a DoV. This means you must be 18 years old or above and of sound mind.
  • Have a valid reason for making a DoV.
  • Be aware that if you are the executor of a will, you must act in the best interests of the beneficiaries and ensure the DoV is in accordance with this.
  • Ensure all parties affected by the DoV are happy and agree to the changes.

Once you have understood the capacity requirements, you can move on to the next step: What is the legal process for challenging a Deed of Variation?

What is the legal process for challenging a Deed of Variation?

  • In order to challenge a Deed of Variation, you will need to make an application to the court.
  • Following this, the court will assess the application and determine whether it is valid.
  • If the court finds that the application is valid, they will then consider the evidence and make a ruling.
  • You will know when you can check this off your list and move on to the next step once the court has delivered a verdict.

Grounds for challenging

  • Understand the legal grounds for challenging a Deed of Variation in the UK, such as if the variation is not in the best interests of the deceased’s estate, or if the variation was made for the purpose of defeating creditors’ rights.
  • If you have any doubts or questions regarding the grounds for challenging a Deed of Variation, consult with a legal professional.
  • Once you understand the legal grounds for challenging a Deed of Variation, you can move on to the next step.

Burden of proof

  • Understand that the burden of proof is on those who wish to challenge a deed of variation
  • Know that the legal burden is to prove that the deed of variation is not being used for a legitimate purpose
  • Realise that the technical burden is to prove that the deed of variation is invalid in some way
  • Be aware that the burden of proof must be met before a deed of variation can be challenged in court
  • Recognise that this burden of proof is a high standard
  • Have a clear understanding of the burden of proof before attempting to challenge a deed of variation
  • Once you have a clear understanding of the burden of proof, you can move on to the next step in understanding deeds of variation (UK): Statutory Requirements.

Statutory requirements

  • Understand what a Deed of Variation is - this is a legal document used to change the terms of a will or the way an estate is distributed
  • Check if the proposed variation is valid - variations must be in accordance with the Inheritance Tax Act 1984 and must not prejudice the rights of any beneficiary
  • Consider if the proposed variation would be subject to Inheritance Tax - HMRC has tight regulations on how Deeds of Variation are used and can charge a tax if the rules are not followed
  • Check if the proposed variation would be eligible for exemption from Inheritance Tax - certain types of Deeds of Variation are exempt from Inheritance Tax
  • Make sure all parties involved in the Deed of Variation are aware of the legal implications - all parties involved must be aware of what the Deed of Variation entails and must consent to it
  • When you have completed all of these steps, you can move on to the next step: ‘Preparing the Deed of Variation’

FAQ

Q: What are the laws regarding deeds of variation in the UK?

Asked by Maria on April 18th, 2022.
A: Deeds of Variation are governed by legislation in the UK. The Deeds of Variation Act of 1835 (UK) states that a deed of variation can be used to change the distribution of a deceased person’s estate, or to alter the terms of a will or other instrument which deals with the distribution of an estate. The flexibility of this legislation means that individuals can use it to amend or vary their circumstances according to their own wishes.

Q: Is there a difference between UK and US laws regarding deeds of variation?

Asked by John on February 3rd, 2022.
A: The laws regarding deeds of variation in the UK and US differ in many ways, most notably in regards to the scope and purpose of the deed itself. In the UK, deeds can be used to alter the terms of a will or other instrument which deals with a deceased person’s estate. In the US, however, deeds can be used for a wider range of purposes such as transferring property, creating trusts, and even changing tax liabilities.

Q: How do I know if I need to execute a deed of variation?

Asked by Jessica on August 8th, 2022.
A: If you are considering making changes to your estate or other instrument related to your estate, it is important that you understand whether you need to execute a deed of variation or not. Generally speaking, if you are making changes to an existing document related to your estate and do not wish to create an entirely new document, then you should consider executing a deed of variation. It is important that you seek legal advice before making any decisions as each case is different and may require specific advice depending on your situation.

Q: Can I make changes without executing a deed of variation?

Asked by William on July 12th, 2022.
A: Yes – you can make changes without executing a deed of variation if it is not required in your specific circumstances. However, it is important that you seek legal advice before making any decisions as each case is different and may require specific advice depending on your situation. If you do decide that it is necessary for you to make changes to an existing document related to your estate without executing a deed of variation, then it is recommended that you create an entirely new document in order to ensure that all changes are properly documented.

Q: What type of documents require deeds of variation?

Asked by Emma on June 2nd, 2022.
A: Generally speaking, any documents related to an individual’s estate may require deeds of variation if they are being amended or changed in any way. Examples include wills, trusts, powers-of-attorney and other documents which deal with how assets are distributed after death. It is important that you seek legal advice before making any decisions as each case is different and may require specific advice depending on your situation.

Q: Is there any difference between UK and EU law regarding deeds of variations?

Asked by Jacob on September 5th, 2022.
A: Despite being under the same jurisdiction as one another, there are differences between UK and EU law when it comes to deeds of variations – most notably in regards to the scope and purpose of the deed itself. In the UK, deeds can be used to alter the terms of a will or other instrument which deals with a deceased person’s estate; whereas in some European countries they can also be used for other purposes such as transferring property rights or creating trust funds. It is important that you seek legal advice before making any decisions as each case is different and may require specific advice depending on your situation.

Q: How quickly can I execute a deed of variation?

Asked by Emily on October 24th 2022.
A: The speed at which you can execute a deed of variation largely depends on the complexity and nature of your particular situation; however generally speaking it should be possible for most straightforward cases to be completed within 6-8 weeks from start-to-finish provided all paperwork is completed correctly and promptly submitted/approved where required. It is important that you seek legal advice before making any decisions as each case is different and may require specific advice depending on your situation.

Q: Are there any tax implications when executing a deed of variation?

Asked by Michael on January 15th 2022.
A: Yes – when executing a deed of variation there may be tax implications depending on how assets are transferred under the terms set out in the deed itself; therefore it is important that you seek legal advice before making any decisions as each case is different and may require specific advice depending on your situation. Additionally, it may also be beneficial for you to consult with a qualified tax advisor who will be able to advise further on how best to structure your assets for tax efficiency purposes where applicable.

Q: Is there anything else I need to consider when executing a deed of variation?

Asked by Ashley on November 14th 2022.
A: Yes – when executing a deed of variation it is important that you consider all relevant factors such as whether there are any potential conflicts between parties involved (i.e., beneficiaries), whether there are any potential legal issues (for example if assets are being transferred across borders) and whether there are any potential tax implications (as mentioned above). Additionally, it may also be beneficial for you to consult with qualified professionals such as solicitors or accountants who will be able help provide further guidance where necessary; therefore it is important that you seek legal advice before making any decisions as each case is different and may require specific advice depending on your situation.

Q: Can I make changes through executor powers rather than executing a deed?

Asked by Joshua on March 13th 2022.
A: Yes – executor powers allow individuals (or their appointed representatives) certain freedoms when dealing with matters related to wills and other instruments which deal with estates; however these freedoms do come with certain risks attached so it is important that all parties involved understand these risks before proceeding with any action(s). Depending upon your particular situation it may be beneficial for you to discuss executor powers with qualified professionals such as solicitors or accountants who will be able help provide further guidance where necessary; therefore it is important that you seek legal advice before making any decisions as each case is different and may require specific advice depending on your situation.

Q: Are deeds of variation legally binding?

Asked by Matthew on May 17th 2022.
A: Yes – provided all relevant parties have agreed upon the terms set out within the deed itself then these agreements will become legally binding upon completion; however it should also be noted that certain circumstances (such as those involving minors) may require additional steps/procedures prior to completion so it is important that all parties involved understand these requirements before proceeding with any action(s). It is important that you seek legal advice before making any decisions as each case is different and may require specific advice depending on your situation

Example dispute

Possible Lawsuits Referencing Deed of Variation

  • A plaintiff might raise a lawsuit referencing a deed of variation in the case of a company changing the terms of a contract without informing the other party or obtaining consent.
  • The deed of variation would be used to demonstrate that the original terms of the contract were changed and to seek damages for any losses incurred as a result of the change.
  • The plaintiff must provide evidence that the deed of variation was not consensual and that the company changed the terms of the contract without informing the other party.
  • The plaintiff may seek an injunction to prevent any further variation of the contract, as well as damages for any losses incurred as a result of the breach.
  • The damages may be calculated by taking into account any losses suffered by the plaintiff as a result of the breach, as well as any costs incurred by the plaintiff in seeking to enforce the contract.

Templates available (free to use)

Deed Of Variation Lease
Deed Of Variation Partnership
Lease Deed Of Variation And Deed Of Surrender Of Part

Interested in joining our team? Explore career opportunities with us and be a part of the future of Legal AI.

Related Posts

Show all