FAQs

A Deed of Variation can be prepared and executed after a grant of probate is obtained. However, it must be completed within 2 years of the date of death.

In order for any Inheritance Tax or Capital Gains Tax changes to apply, the Deed of Variation must be executed within 2 years. A non-tax driven Deed of Variation can be entered into after 2 years, although it will mean that the original beneficiary will be treated as having made a lifetime gift and must then survive for seven years. If he/she does not survive this period then their estate may pay more Inheritance Tax than would have been due originally.

The Court of Protection is responsible for making property, financial and welfare decisions for individuals who lack the mental capacity to make them for themselves.

A Court of Protection Deputyship refers to the person who is appointed by the Court of Protection to handle the affairs of an individual who lacks the mental capacity to make decisions for themselves.

The mail address for the Court is: courtofprotectionenquiries@justice.gov.uk

A Deputyship application to the Court of Protection can take between 4-6 months to be processed and approved. However in urgent cases, emergency applications can be made for new or existing applications which have not yet been approved.

An application to the Court for someone to be appointed as a Deputy to deal with the financial affairs of someone who has lost capacity to deal with their own affairs will incur the following costs:

• Court application fee: £365 (You can apply for an exemption or reduction of the fee if the person you’re a deputy for gets certain benefits or has an income below £12,000)
• Medical Certificate fee: £150-£200

If a Solicitor is applying to be appointed as Deputy then their fee is fixed by the Court at £950 plus vat.

Whilst anyone above the age of 18 can apply for deputyship through the court of protection, it is best to consider who would be the most appropriate person to hold the responsibility.