Wills & Probate

Wills & Probate UK 2025 — Inheritance, Estates & Inheritance Tax Guide

Making a will and understanding probate are among the most important legal steps you can take to protect your family's future. This guide explains the rules around wills, estates, inheritance tax, and probate in England and Wales.

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Why Make a Will?

A will allows you to decide who inherits your estate, appoint executors, name guardians for minor children, and express wishes about your funeral. Without a valid will, your estate is distributed according to the Rules of Intestacy, which may not reflect your wishes — for example, unmarried partners receive nothing under intestacy.

Making a Valid Will in England & Wales

To be legally valid, a will must be: in writing; signed by the testator (the person making the will); signed in the presence of 2 witnesses (who are not beneficiaries or spouses of beneficiaries); and witnessed by both at the same time.

The Probate Process

Probate is the legal process of administering a deceased person's estate. If there is a will, the executor applies for a Grant of Probate. If there is no will, an administrator applies for Letters of Administration. Probate allows the legal representative to collect assets, pay debts and taxes, and distribute the estate.

Use our Inheritance Tax Calculator to estimate the IHT liability on an estate.

Intestacy — Dying Without a Will

If you die without a valid will (intestate), the Administration of Estates Act 1925 determines who inherits. The rules favour spouses and civil partners, then children, then other relatives. Unmarried partners, stepchildren, and close friends receive nothing.

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Frequently Asked Questions

Do I need a solicitor to make a will?+
You are not legally required to use a solicitor, but it is strongly advisable for anything other than a very simple estate. DIY wills that are not properly witnessed or that contain ambiguities are a common source of probate disputes.
How much does probate cost?+
The probate application fee is £273 for estates over £5,000. Solicitor's probate fees are typically 1–4% of the estate value. Online probate services can cost from £400 to £1,500 for straightforward estates.
What is a deed of variation?+
A deed of variation (or deed of family arrangement) allows beneficiaries to redirect their inheritance within 2 years of death. It can be used for tax planning and to benefit people not included in the original will.
Who can challenge a will?+
A will can be challenged on grounds of: lack of testamentary capacity, undue influence, fraud, forgery, or failure to comply with the formal requirements. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 can be brought by family members who receive insufficient provision.

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