Deed of Variation - Deprivation of capital?

[swandive]

If part of a spouse's estate, who died intestate, is given to a sibling via a Deed of Variation, prior to granting of probate, (therefore by-passing the surviving spouse) when the surviving spouse subsequently enters a claim for pension credits, would such actions be viewed by the authorities as deprivation of capital?

[maths]

A Deed of Variation is simply a gift of property.

It therefore does constitute deprivation of capital. If a surviving spouse inherits under the intestacy rules and then executes a DoV the spouse is gifting property inherited and hence deprivation.

It does not matter whether the DoV is executed pre or post the obtaining of probate.