A will is the only way to ensure your assets go to the people you choose, in the way you choose, after you die. Without a valid will, your estate is distributed according to the rules of intestacy — rigid legal rules that do not account for your individual circumstances, relationships, or wishes. This guide covers everything you need to know about making a will, the probate process, and the related topic of powers of attorney.
Why You Need a Will
Dying without a will (known as dying "intestate") means the law dictates who inherits your estate. The results can be harsh. Unmarried partners — no matter how long they have been together — receive nothing under intestacy rules. In blended families, stepchildren have no automatic right to inherit. Close friends, charities you care about, and other people important to you will be excluded unless they are specifically named in a will.
A will also allows you to appoint guardians for your children, specify funeral wishes, create trusts to protect assets for vulnerable beneficiaries, and make specific bequests of particular items or amounts.
Intestacy Rules: Who Inherits Without a Will
Intestacy Rules in England and Wales
| Your Situation | Who Inherits |
|---|---|
| Married/civil partner, no children | Spouse/civil partner gets everything |
| Married/civil partner with children | Spouse gets first £322,000 + personal possessions + half the rest. Children share the other half equally. |
| Unmarried partner | Nothing — regardless of how long you have lived together |
| No spouse, no children | Parents inherit. If no parents, siblings. Then half-siblings, grandparents, aunts/uncles. |
| No living relatives | Everything goes to the Crown (bona vacantia) |
These rules apply in England and Wales. Scotland and Northern Ireland have different intestacy rules. Source: GOV.UK — Intestacy rules
Types of Will
- Simple will: A straightforward document leaving your estate to named beneficiaries. Suitable for most people with uncomplicated affairs.
- Mirror wills: Two almost identical wills made by a couple, typically leaving everything to each other and then to their children. Each will is a separate legal document and can be changed independently.
- Trust wills: Include one or more trusts within the will to protect assets — for example, for vulnerable beneficiaries, to reduce inheritance tax, or to protect assets from care fees or remarriage.
- Living wills (advance decisions): Not a will in the traditional sense — a living will sets out your wishes for medical treatment if you become unable to make decisions for yourself.
Writing a Will
You have three main options for creating a will: DIY using a template or online service, using a professional will-writing service, or instructing a solicitor. A simple will prepared by a solicitor typically costs £150–£500. For more complex estates — those involving trusts, business assets, or overseas property — costs will be higher.
For a will to be legally valid in England and Wales, it must be made by someone aged 18 or over, made voluntarily and without undue influence, made by a person of sound mind, in writing, signed by the person making the will in the presence of two witnesses, and signed by both witnesses in the presence of the person making the will. The witnesses (and their spouses or civil partners) cannot be beneficiaries of the will.
Executors
An executor is the person you appoint to carry out the wishes in your will. They are responsible for collecting your assets, paying any debts and taxes, and distributing your estate to your beneficiaries. You can appoint one or more executors — most people choose two, often a combination of family members and a professional (such as a solicitor).
Professional executors (solicitors or banks) typically charge 1–5% of the estate value for their services, plus VAT and disbursements. While this can be a significant cost, a professional executor can be valuable for complex estates, particularly if there are disputes among beneficiaries or complicated assets.
What to Include in Your Will
- All your assets: Property, savings, investments, pensions (nomination of beneficiaries), insurance policies, vehicles, valuables.
- Beneficiaries: Who receives what — specific gifts (legacies) and the residuary estate (everything else).
- Guardians for children: Who will look after your children if both parents die. Without this, the courts decide.
- Funeral wishes: While not legally binding, including your preferences can guide your family and reduce disagreements.
- Digital assets: Social media accounts, online subscriptions, cryptocurrency, digital photos, email accounts. An increasingly important consideration.
The Probate Process
Probate is the legal process of dealing with someone's estate after they die. If the deceased left a will, the executor applies for a "grant of probate". If there is no will, the next of kin applies for "letters of administration". Both give the legal authority to collect and distribute the deceased's assets.
Probate is not always required — small estates, jointly held assets that pass automatically, and some assets held in trust may not need it. However, most banks and financial institutions require a grant of probate before releasing funds, and probate is almost always needed if the estate includes property.
Probate Key Facts
- Typical timescale
- 6–12 months
- Probate fee (estate over £5,000)
- £273
- Probate fee (estate under £5,000)
- Free
- Extra copies of grant
- £1.50 each
Source: GOV.UK — Applying for probate
Powers of Attorney
A lasting power of attorney (LPA) is a legal document that lets you appoint someone to make decisions on your behalf if you lose the capacity to make them yourself — for example, due to dementia, a stroke, or a serious accident. Unlike a will, which takes effect after death, an LPA covers you during your lifetime.
There are two types of LPA: property and financial affairs (covering decisions about your money, property, and financial transactions) and health and welfare (covering decisions about medical treatment, care, and daily living). You can set up one or both. Each LPA costs £82 to register with the Office of the Public Guardian.
Crucially, you can only make an LPA while you still have mental capacity. If you lose capacity without one in place, your family will need to apply to the Court of Protection to be appointed as your deputy — a process that is more expensive, more time-consuming, and more restrictive than an LPA. Setting up an LPA while you are healthy is one of the most important pieces of forward planning you can do.
When to Review Your Will
A will is not a one-off document — it needs to be kept up to date as your circumstances change. Certain life events require immediate attention:
- Marriage: Getting married automatically revokes any existing will in England and Wales. You must make a new one.
- Divorce: Divorce does not automatically revoke your will, but any gifts to your former spouse are treated as if they had died before you.
- Birth of children or grandchildren: You may want to add them as beneficiaries and appoint guardians.
- Significant change in assets: Buying or selling property, receiving an inheritance, or a major change in financial circumstances.
- Every 5 years: As a general rule, review your will at least every five years to ensure it still reflects your wishes and circumstances.
For guidance on how wills interact with inheritance tax planning, see our inheritance tax guide. For business owners, our succession planning guide covers how to protect your business in the event of death or incapacity.
This guide is for general information only and does not constitute financial or legal advice. The information is based on publicly available data from GOV.UK and other government sources. Always seek professional advice before making decisions about your will, estate, or powers of attorney. Figures and thresholds are subject to change — check official sources for the latest values.