What is essential to include in the RECITALS of a deed of variation?

Including the original or statutory beneficiary's wish to vary the will in the RECITALS of a deed of variation is essential because the RECITALS serve to provide the context and background for the variation being made. They establish the intentions of the parties involved, particularly the beneficiary's desire to alter the provisions of the original will. This is important for clarity and legal enforceability, as it demonstrates that the change is agreed upon and motivated by the beneficiary’s will.

Other aspects, such as property market trends, the financial status, or past transactions involving the estate, may provide supplementary context but are not fundamental to expressing the specific intent behind the variation. Focusing on the beneficiary's clear intention helps avoid any potential disputes regarding the authenticity of the variation and the motivations behind it.