Wills, Probate & Estate Planning UK 2026

Overview

Why Making a Will Matters

A will is the only legal document that lets you control what happens to your money, property, and possessions after you die. Without one, your estate passes under the rules of intestacy, a rigid legal framework that distributes assets in a fixed order, regardless of your actual wishes.

Importantly, the rules of intestacy can produce outcomes that most people would find surprising. For example, an unmarried partner receives nothing under the intestacy rules, no matter how long you lived together. Furthermore, stepchildren have no automatic entitlement unless you formally adopted them. Even close friends or charities you cared about deeply receive nothing if you die intestate.

Beyond distributing your assets, a will also allows you to:

• Appoint an executor to administer your estate
• Name guardians for your minor children
• Set up trusts to protect assets for vulnerable beneficiaries
• Reduce potential inheritance tax liability through careful planning
• Leave specific gifts of sentimental or financial value to particular people

In short, making a will is one of the most important steps you can take to protect the people you love. Consequently, legal advisers consistently recommend that every adult in the UK should have one in place.

Validity

What Makes a Will Valid in England and Wales?

Under the Wills Act 1837, a valid will in England and Wales must meet the following requirements:

• The person making the will (the testator) must be at least 18 years old
• The testator must have testamentary capacity, meaning they understand the nature of making a will, the extent of their estate, and the effect of their decisions
• The will must be in writing
• The testator must sign the will in the presence of two independent witnesses
• Both witnesses must sign the will in the presence of the testator at the same time

Wills drafted without professional help frequently contain errors that render them invalid or ambiguous. As a result, solicitors strongly recommend that you seek professional assistance rather than relying on a DIY will kit, particularly if your estate involves property, a business, dependent children, or complex family circumstances.

Intestacy

What Happens If You Die Without a Will?

Dying without a will means dying intestate. In that case, the Administration of Estates Act 1925 and the Intestacy Rules (most recently updated in 2014) determine how your estate distributes.

Under the current rules:

• If you have a spouse or civil partner and children: Your spouse receives all personal belongings, a statutory legacy of £322,000, and half of the remainder. Your children share the other half equally.
• If you have a spouse or civil partner but no children: Your spouse or civil partner inherits everything.
• If you have children but no spouse or civil partner: Your children share everything equally.
• If you have neither spouse nor children: The estate passes to parents, then siblings, then more distant relatives in a prescribed order.
• If no living relatives exist: Your entire estate passes to the Crown. This is known as bona vacantia.

Notably, cohabiting partners receive nothing under these rules. Additionally, stepchildren and unmarried partners miss out entirely. This is one of the most compelling reasons to make a will without delay.

Your Will

What to Include in Your Will

A comprehensive will typically addresses the following areas:

Updates

When Should You Update Your Will?

A will reflects your circumstances at the time you make it. Over time, those circumstances change, and your will may no longer reflect your actual wishes. You should review and potentially update your will whenever any of the following occurs:

• You marry or enter a civil partnership (note that marriage automatically revokes a prior will in England and Wales)
• You divorce or separate (though divorce does not revoke a will — it simply treats the former spouse as if they had died)
• You have or adopt a child
• A beneficiary or executor named in your will dies
• You acquire or dispose of significant assets such as property or a business
• Your relationship with a beneficiary changes significantly
• Inheritance tax rules change in a way that affects your estate

To update a will, you can either make a new will (which revokes all previous wills) or add a formal amendment known as a codicil. In practice, solicitors generally recommend drafting a new will rather than adding a codicil, particularly where the changes are substantial.

Probate

What Is Probate and When Do You Need It?

Probate is the legal process that gives the executor (or administrator, in intestacy cases) the authority to deal with a deceased person’s estate. In England and Wales, the relevant document is the Grant of Probate (where there is a will) or Letters of Administration (where there is no will).

Not every estate requires probate. In general, you will need a grant of probate if:

• The deceased owned property in their sole name
• The estate contains significant assets held solely in the deceased’s name (typically over £5,000, though thresholds vary by institution)
• Financial institutions or the Land Registry require it before releasing or transferring assets

By contrast, smaller estates, jointly held assets that pass by survivorship, and certain life insurance policies often do not require probate. That said, it is always worth checking with individual institutions, as their requirements vary.

The Process

The Probate Process Step by Step

Tax

Inheritance Tax: What You Need to Know

Inheritance tax (IHT) applies to the value of a person’s estate above the nil-rate band at a rate of 40%. Effective estate planning can significantly reduce this liability. Key allowances and reliefs include:

• Nil-rate band (NRB): £325,000 per person. Any unused NRB transfers to a surviving spouse or civil partner, potentially doubling to £650,000.
• Residence nil-rate band (RNRB): An additional allowance of up to £175,000 applies when a main residence passes to direct descendants. Combined with the NRB, a married couple could potentially pass up to £1 million free of IHT.
• Spousal exemption: Assets passing between spouses or civil partners are entirely free of inheritance tax, regardless of value.
• Charitable giving: Gifts to UK registered charities are exempt from IHT. Moreover, leaving at least 10% of the net estate to charity reduces the overall IHT rate to 36%.
• Annual gift allowance: You can give away up to £3,000 per year free of IHT. Small gifts of up to £250 per recipient also qualify, as do wedding gifts within prescribed limits.
• Business Property Relief (BPR) and Agricultural Property Relief (APR): These reliefs can reduce the taxable value of qualifying business assets or agricultural land by up to 100%.

Inheritance tax planning works best when you begin well in advance of later life. Therefore, reviewing your estate plan regularly with a solicitor ensures that you take full advantage of available reliefs.

LPA

Lasting Powers of Attorney: Planning for Incapacity

A Lasting Power of Attorney (LPA) is a legal document that authorises someone you trust (your attorney) to make decisions on your behalf if you lose the mental capacity to do so yourself. The Mental Capacity Act 2005 governs LPAs in England and Wales.

There are two types of LPA:

• Property and Financial Affairs LPA: This covers decisions about your bank accounts, property, bills, and investments. Importantly, your attorney can use this LPA while you still have capacity, with your permission, making it useful for practical day-to-day matters as well as emergency situations.
• Health and Welfare LPA: This covers decisions about medical treatment, care arrangements, and day-to-day welfare. Your attorney can only use this LPA once you lack capacity to make those decisions yourself.

Without an LPA in place, nobody has automatic authority to manage your affairs if you lose capacity, not even your spouse. In that situation, your family would need to apply to the Court of Protection for a deputyship order, a process that is significantly more expensive, time-consuming, and stressful than registering an LPA in advance.

Consequently, solicitors recommend that all adults, regardless of age, put both types of LPA in place while they have capacity to do so. The Office of the Public Guardian must register LPAs before they take effect, a process that currently takes around ten to twenty weeks.

Pitfalls

Common Mistakes in Estate Planning

Making a will without professional advice. DIY wills frequently contain errors that make them invalid, ambiguous, or ineffective. A poorly drafted will can cause significant delay, expense, and family conflict during probate.

Forgetting to update the will after major life changes. Marriage, divorce, birth of children, and significant changes in wealth all affect how a will should read. An outdated will may fail to reflect your current wishes entirely.

Not making an LPA until it is too late. You can only make an LPA while you have mental capacity. If you wait until a health crisis strikes, it may already be too late, forcing your family into a costly Court of Protection application instead.

Overlooking jointly owned assets. Assets held as joint tenants (the most common form of joint property ownership) pass automatically to the surviving co-owner by the right of survivorship, regardless of what your will says. Furthermore, this means they also fall outside the taxable estate for probate purposes, which has IHT implications worth discussing with a solicitor.

Failing to account for digital assets. Online accounts, cryptocurrency, digital photographs, and subscription services all form part of your estate. Without specific provisions and login details in a safe place, executors may never locate or access them.

FAQs

Frequently Asked Questions About Wills and Probate

How much does it cost to make a will?

A straightforward will drafted by a solicitor typically costs between £150 and £300 for a single will, or £250 to £500 for mirror wills for a couple. More complex wills involving trusts or business interests cost more. That investment is minimal compared with the problems a poorly drafted or absent will can cause.

Can I write my own will?

Technically, yes. However, handwritten (holographic) wills and DIY kits carry significant risks. Any error in the signing or witnessing process can invalidate the entire document. Moreover, ambiguous wording can lead to disputes between beneficiaries that end up in court. Professional drafting costs relatively little and eliminates these risks.

How long does probate take in England and Wales?

Simple estates with a straightforward will typically complete probate in six to twelve months. More complex estates, particularly those involving property disputes, contested wills, or significant inheritance tax, can take considerably longer. The Probate Registry currently processes applications within eight to twelve weeks once submitted.

Can someone contest a will?

Yes. A will can be contested on several grounds, including lack of testamentary capacity, undue influence, fraud, or failure to provide for a dependent under the Inheritance (Provision for Family and Dependants) Act 1975. Contested will cases are complex and require specialist legal advice.

Do I need probate if there is no will?

Where someone dies intestate and their estate requires administration, the next of kin can apply to the Probate Registry for Letters of Administration rather than a Grant of Probate. The process is similar, but the intestacy rules determine who benefits rather than the wishes of the deceased.