CG31620 | Death and Personal Representatives: Variation of the devolution of an estate: Instruments of variation: Variations: instruments of variation: will trusts
From HM Revenue & Customs · Capital Gains Manual
An instrument of variation may be used
to vary the terms of a trust created by the will without varying the assets passing from the estate to the trustees
to create a trust that was not in the will
to delete a trust that was in the will
or
to alter the assets passing to a trust created by the will.
For cases where the first point above applies the instrument of variation should be dealt with under CG37886. For cases where the other points apply the guidance in paragraphs CG31630+ should be followed.