Deed Of Family Variation

Deed Of Family Variation Template for Ireland

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Key Requirements PROMPT example:

"I need a Deed of Family Variation to redistribute my late father's estate among his three children and two grandchildren, with specific provisions for creating an education trust for the grandchildren, following his death in January 2025."

Document background

The Deed of Family Variation is a crucial estate planning tool in Irish law that enables beneficiaries to reorganize their inheritance rights after a death has occurred. It's typically used when family circumstances have changed since the will was written, or when tax efficiency could be improved through redistribution. The document must be executed within two years of death to benefit from tax advantages under Irish tax legislation. It requires careful drafting to ensure compliance with the Succession Act 1965, Capital Acquisitions Tax Consolidation Act 2003, and other relevant legislation. The deed must clearly set out the original entitlements, the agreed variations, and include specific tax elections. All affected beneficiaries must consent to the variation, and special considerations apply when minors or trusts are involved.

Suggested Sections

1. Parties: Identifies all parties to the deed, including the personal representatives, current beneficiaries, and any new beneficiaries

2. Background: Sets out details of the original disposition (will/intestacy), death details, grant of probate/administration, and reason for variation

3. Definitions: Defines key terms used throughout the deed, including references to the deceased, the estate, and relevant dates

4. Original Entitlements: Details each party's entitlement under the original disposition

5. Agreement to Vary: The operative clause where parties agree to redirect their entitlements

6. New Distribution: Specifies how the estate assets will be distributed following the variation

7. Tax Elections: Contains statements regarding tax treatment and elections under relevant tax legislation

8. Confirmations and Warranties: Parties' confirmations regarding their capacity and authority to enter the deed

9. Governing Law and Jurisdiction: Specifies Irish law as governing law and Irish courts' jurisdiction

10. Execution: Formal execution block meeting requirements for deeds under Irish law

Optional Sections

1. Trust Provisions: Required when the variation creates new trust arrangements, specifying trustees' powers and duties

2. Minor Beneficiaries: Required when variation affects interests of beneficiaries under 18, including court approval requirements

3. Power of Attorney: Required when any party is acting through an attorney

4. Foreign Assets: Required when the estate includes assets in other jurisdictions

5. Conditions Precedent: Required when variation is conditional on certain events or approvals

6. Life Interest Provisions: Required when variation creates or affects life interests

Suggested Schedules

1. Schedule 1 - Original Will/Letters of Administration: Copy or details of the original disposition being varied

2. Schedule 2 - Estate Assets: Detailed inventory of estate assets subject to variation

3. Schedule 3 - Original Distribution: Detailed breakdown of original distribution entitlements

4. Schedule 4 - New Distribution: Detailed breakdown of new distribution arrangements

5. Schedule 5 - Tax Analysis: Analysis of tax implications and calculations

6. Appendix A - Required Consents: Copies of any required third-party consents or court orders

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

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Financial Services

Tax Advisory

Estate Planning

Private Wealth Management

Trust Services

Family Office Services

Relevant Teams

Private Client

Tax Advisory

Wealth Planning

Probate

Trust Administration

Legal Documentation

Family Office

Estate Administration

Relevant Roles

Private Client Solicitor

Tax Consultant

Estate Planning Attorney

Probate Lawyer

Trust Officer

Wealth Manager

Family Office Manager

Legal Executive

Tax Director

Estate Administrator

Private Client Partner

Probate Manager

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Deed Of Family Variation Template for Ireland

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