Losing someone is hard enough without a pile of legal forms to deal with. Yet when a person dies, someone has to find the will, pay the bills, deal with tax and share what is left. This guide explains why making a valid will matters, how estate planning protects your family, and what happens when an estate reaches the grant of probate stage. We also cover inheritance tax, the duties of executors, and what to do if beneficiaries disagree. You will see where a solicitor can help, where you can manage alone, and which mistakes cause the most delay, so you can make better informed choices in England and Wales.
This article gives general information for England and Wales. It is not legal advice, and the law is stated as at late October 2026.
Key Takeaways
- A will must meet strict rules to be valid. A homemade will can fail on a small detail.
- Without a valid will, the intestacy rules decide who inherits. Unmarried partners get nothing under those rules.
- Executors can apply for probate themselves, but they take on real legal responsibility.
- Inheritance tax usually applies only above set thresholds, but the rules for reliefs can be confusing.
- Claims against an estate have short time limits, so early advice helps.
Why a Valid Will Matters
A will lets you decide who receives your money, home and belongings. It also lets you name the people who will carry out your wishes. Without one, the law makes those choices for you.
What Makes a Will Valid in England and Wales
The rules come from the Wills Act 1837. Legal commentary sets out the main points. The person making the will must be over 18, the will must be in writing, and it must be signed in the presence of two witnesses, who must then sign it in the presence of the person making it.
Witnesses need care. If someone named in the will, or their spouse or civil partner, witnesses the signature, the will stays valid but that person loses their gift.
The person making the will must also understand what they are doing. Lawyers call this testamentary capacity. If a person is elderly or unwell, a solicitor can record how capacity was checked, which can help if anyone challenges the will later.
What Happens Without a Will
If there is no valid will, the estate passes under the intestacy rules. Those rules follow a fixed order of relatives. A guide to the rules warns that there is no such thing as common law marriage in England and Wales, however long a couple lives together. A partner you are not married to, or in a civil partnership with, may receive nothing.
Marriage Can Cancel a Will
Many people do not know this one. Getting married automatically revokes any existing will in England and Wales, unless the will was made expressly in contemplation of that specific marriage. Review your will after marriage, divorce, a new child or a large change in your finances.
Planning an Estate Before It Is Needed
Good planning makes life easier for the people you leave behind. A few simple steps go a long way:
- Choose executors you trust, and ask them first.
- Keep your will somewhere safe, and tell your executors where it is.
- List your main assets, such as property, savings, pensions and insurance.
- Think about who would care for children or dependants.
- Consider a lasting power of attorney, so someone can manage your affairs if you lose capacity.
- Review your will every few years, or after any big life event.
Some assets pass outside a will, such as property owned jointly with a right of survivorship, or some pension and insurance payments. A solicitor can look at the whole picture so your will and your assets work together.
Probate Explained
Probate is the legal process of dealing with the estate of a person who has died. In practice, people often use the word to mean the grant that gives executors authority to act.
Do You Always Need a Grant of Probate?
Not always. One consumer guide notes that you may not need a grant of probate if the estate is worth less than £10,000, or if the person owned everything jointly so ownership passed automatically. Banks set their own limits, so check with each one. Property in a sole name usually needs a grant.
Who Can Apply?
If there is a will, the people it names as executors apply. If there is no will, a close relative applies for letters of administration. Executors have a choice. They can apply for probate themselves, use a solicitor, or appoint another person licensed to provide probate services.
What It Costs to Apply
The court fee has changed recently, so older articles may be out of date. On 13 July 2026, the fee for applying for probate increased from £300 to £526. It applies where the estate is worth more than £5,000, and there is no fee for estates of £5,000 or less. Copies of the grant requested with the application now cost £2, while copies requested later remain £16.
| Item | Current Position |
| Probate application fee | £526 for estates over £5,000 |
| Estates of £5,000 or less | No fee |
| Copies requested with application | £2 each |
| Copies requested later | £16 each |
Court fees are only one part of the cost. Solicitors, valuers and other advisers may add their own charges, so ask for a clear quote at the start.
Administering an Estate Step by Step
Once the grant arrives, the real work begins. Executors are legally responsible for the estate, so a careful order of work helps.
- Find the will and confirm who the executors are.
- List assets and debts. Include property, accounts, investments, pensions, credit cards and loans.
- Report the value and deal with inheritance tax. Do this before applying if tax may be due.
- Apply for the grant.
- Notify banks, insurers and other organisations, and gather in the assets.
- Pay debts, taxes and expenses.
- Protect against unknown claims. After a grant is issued, the law recommends placing a notice in The Gazette and a local newspaper to find creditors owed money by the estate.
- Share what is left with the beneficiaries, and keep clear accounts.
Executors who share the estate too early risk personal liability if a debt or claim appears later. That is one reason many people ask a solicitor to check the position before the final payments.
Inheritance Tax in Plain English
Inheritance tax is charged on the value of an estate above certain limits. Most estates pay none, but rising property values mean more families need to check.
| Allowance | Amount |
| Nil rate band (per person) | £325,000 |
| Residence nil rate band (extra, per person) | Up to £175,000 |
| Standard rate above the allowances | 40% |
| Reduced rate if 10% or more goes to charity | 36% |
Here is how these fit together. Guidance for 2026/27 says the nil rate band is £325,000 per person, and the residence nil rate band adds up to £175,000 where a qualifying home passes to direct descendants. The nil rate band has been frozen at £325,000 since 2009. A guide for advisers also notes that gifts to a surviving spouse or civil partner are generally exempt from inheritance tax, and leaving 10% or more of the net estate to charity can reduce the rate from 40% to 36%.
Unused allowances can often pass to a surviving spouse or civil partner, but the rules have conditions. The residence allowance also reduces for larger estates. Inheritance tax is normally due about six months after the end of the month of death, and interest can apply after that, so check the current deadline with HMRC.
When Beneficiaries Disagree
Most estates are settled without a fight. Disputes tend to arise when someone feels left out, a will looks unusual, or there is doubt about capacity or pressure on the person who made it.
Common grounds include a will that was not signed or witnessed correctly, doubts about capacity, claims of undue influence, and claims for reasonable financial provision under the Inheritance Act 1975.
Time limits are strict. Legal guidance says there is a strict time limit of six months from the grant of probate or letters of administration within which a challenge should be made. The same source lists who might claim, including spouses, civil partners, cohabitees who lived with the deceased for two years before death, children, and others who were financially dependent.
Before going to court, many families try talking, mediation or another way to reach agreement. It is usually faster and kinder than a trial. A solicitor can explain the strength of a claim and the likely costs.
How Specialist Solicitors Help
Many people manage a simple estate on their own. Help becomes more useful when the estate includes property abroad, a business, a trust, a possible tax bill, or a family that does not agree.
Specialist wills and probate solicitors can support executors, beneficiaries and families in several practical ways:
- Drafting or updating a will so it meets the legal rules
- Setting up trusts where they suit a family situation
- Advising on inheritance tax and how reliefs apply
- Handling the grant application and the estate administration
- Explaining the legal duties of executors in plain language
- Advising if a dispute starts, and aiming to settle it early
Private client teams at larger firms, such as HCR Law, say they draft wills, set up trusts, advise on reducing tax liabilities and administer estates. Whoever you choose, check that the firm is regulated by the Solicitors Regulation Authority, ask who will handle your file, and request a clear written fee estimate.
Common Mistakes to Avoid
- Making a will without proper witnesses
- Forgetting to update a will after marriage, divorce or a new child
- Naming an executor who is unwell, far away or unwilling
- Sharing out money before debts and tax are settled
- Missing the inheritance tax deadline
- Ignoring assets held abroad or in a trust
- Leaving a dispute until the time limit is close
A Sample Scenario
This is an illustrative example, not a client story.
Mary dies at 78, leaving a house, some savings and a will that names her son and daughter as executors. Her son has never dealt with an estate. They find the will, list the assets and learn the estate is slightly over the nil rate band, but the residence allowance may apply because the home goes to her children.
They ask a solicitor to check the tax and the paperwork. The solicitor helps them report the value, apply for the grant and place a creditor notice. Once debts and tax are paid, the children share the rest as the will says. A cousin raises a question about a small gift, but the notes on the will and the correct witnessing settle it quickly.
The lesson is simple. Clear records, correct paperwork and early advice can keep a sad time from getting harder.
Frequently Asked Questions
Do I need a solicitor to make a will?
No, but a will must meet strict rules to be valid. A solicitor can check the wording and signing, which lowers the risk of a later dispute.
How do I apply for a grant of probate?
Executors apply to the Probate Registry, usually online, after valuing the estate and dealing with any inheritance tax reporting. You can do this yourself or use a solicitor.
How much does probate cost?
The court fee is £526 for estates over £5,000, with no fee for estates of £5,000 or less. Professional fees are extra and vary, so ask for a written quote.
What if there is no will?
The intestacy rules decide who inherits. A close relative applies for letters of administration. Unmarried partners get nothing under those rules.
What are the inheritance tax limits?
The nil rate band is £325,000 per person, and the residence nil rate band can add up to £175,000. The standard rate above these is 40%.
How long do I have to challenge a will?
Claims under the Inheritance Act 1975 normally have a six month limit from the grant, so seek advice early.
Can an executor be held responsible for mistakes?
Yes. Executors can be personally liable if they pay out too soon or fail to deal properly with debts and tax.
Final Words
Dealing with an estate while grieving is a heavy task. A valid will, a clear plan and well chosen executors make it far lighter. When the time comes, careful steps and early advice help families avoid delay and disputes. If your situation is simple, you may manage alone with good guidance. If it is not, a specialist solicitor can take much of the strain and help you carry out the wishes of the person who died.
