Plan ahead and understand the process

Whether you are making a will, dealing with an estate after a death, or contesting a will, this hub covers the law in England and Wales (with notes where Scotland or Northern Ireland diverge). We explain valid wills, the intestacy rules, applying for probate or letters of administration, executor duties, the £325k nil-rate band and £175k residence nil-rate band, the 7-year gift taper, Lasting Powers of Attorney for property and finance, deeds of variation, and Inheritance Act 1975 claims for reasonable provision (the strict 6-month deadline). Tell Us Once, bereavement benefits, and the surviving partner's rights are also covered.

8 guides in this section

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Making a Will

Why you need a will, what it must contain to be valid, and how to choose the right type of will for your circumstances.

Intestacy Rules

Who inherits when someone dies without a valid will — the strict rules that apply under English law.

Grant of Probate

How to apply for a grant of probate or letters of administration and what the process involves.

Inheritance Tax Basics

The nil-rate band, residence nil-rate band, exemptions, and how to calculate whether IHT is payable.

Contested Wills

When and how a will can be challenged — lack of testamentary capacity, undue influence, and Inheritance Act claims.

Lasting Power of Attorney: Property & Finances

Appoint attorneys to manage your finances and property — registration with the OPG costs £82 and is essential before capacity is lost.

Step-by-step guides

Follow a guided process from start to finish for common situations.

I Need to Apply for Probate

5 steps

Compare your options

Having a Will vs Intestacy

Prepare with a checklist

Probate Application Checklist

All guides in this section

Making a Will

Why you need a will, what it must contain to be valid, and how to choose the right type of will for your circumstances.

Intestacy Rules

Who inherits when someone dies without a valid will — the strict rules that apply under English law.

Grant of Probate

How to apply for a grant of probate or letters of administration and what the process involves.

Inheritance Tax Basics

The nil-rate band, residence nil-rate band, exemptions, and how to calculate whether IHT is payable.

Contested Wills

When and how a will can be challenged — lack of testamentary capacity, undue influence, and Inheritance Act claims.

Lasting Power of Attorney: Property & Finances

Appoint attorneys to manage your finances and property — registration with the OPG costs £82 and is essential before capacity is lost.

Deed of Variation

Redirect an inheritance within 2 years of death to save inheritance tax, skip a generation, or make provision for others.

Executor Duties

What being an executor involves — probate, paying IHT and debts, distributing assets, and personal liability.

Frequently asked questions

Do I need a solicitor to make a will?
You are not legally required to use a solicitor to make a will, but a professionally drafted will reduces the risk of it being invalid or creating ambiguity that leads to disputes. DIY will kits and online will services can be suitable for straightforward estates. A solicitor is strongly recommended if your estate is large, you have a business or foreign property, you want to set up a trust, your family circumstances are complex (such as a second marriage or estranged children), or you want to minimise inheritance tax.
What happens if someone dies without a will?
When someone dies without a valid will (intestate), their estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925. In England and Wales, the surviving spouse or civil partner takes the first £322,000 plus half of the remainder; the other half goes to the deceased's children. Unmarried partners receive nothing under the intestacy rules, regardless of how long they lived together. Distant relatives may inherit if there is no spouse or direct descendants.
How much does probate cost?
The probate application fee is currently £300 for estates over £5,000, and free for smaller estates. If you use a solicitor to administer the estate, fees are typically calculated as a percentage of the estate value (often 1–4%) or charged at an hourly rate. Solicitors must give you a clear estimate of fees upfront. You can apply for probate yourself (known as a personal application) without using a solicitor, particularly for straightforward estates.
Can I challenge a will if I think the deceased was not of sound mind?
Yes. A will can be challenged on the grounds of lack of testamentary capacity — meaning the deceased did not understand the nature of making a will, the extent of their estate, or the claims of those who might expect to benefit. A will can also be challenged on the grounds of undue influence, fraud, or improper execution. Separate from challenging the will itself, certain close relatives and dependants can also make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were not reasonably provided for.
How much can I leave before Inheritance Tax applies?
Each individual has a Nil-Rate Band (NRB) of £325,000, plus an additional Residence Nil-Rate Band (RNRB) of up to £175,000 if you leave your main home to direct descendants. A married couple or civil partners can combine unused allowances, giving a potential total of £1 million tax-free. Above these thresholds, IHT is charged at 40% (or 36% if at least 10% of the estate is left to charity). Both NRB and RNRB are frozen until April 2030.
Are gifts I make in my lifetime exempt from Inheritance Tax?
Some are. You can give £3,000 per tax year (annual exemption), plus unlimited small gifts of £250 per recipient, gifts on marriage (up to £5,000 to a child), and regular gifts out of surplus income. Larger gifts are "potentially exempt transfers" — they fall outside your estate if you survive 7 years. Between 3 and 7 years, taper relief reduces the IHT charged. Gifts to a spouse, civil partner, or UK charity are always exempt.

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Disclaimer

This information is for general guidance only and does not constitute legal, financial, or professional advice. Always check official sources and seek qualified help where needed.