Wills & Estate Planning UK — Complete Guide

Most UK adults don’t have a valid will. Here’s why you need one and how to get it done properly.

Why You Need a Will

What a Will Does

Function	Why It Matters
Names who inherits	Your choice, not the law’s
Appoints executors	Who manages your estate
Names guardians	Who raises your children
Reduces family conflict	Clear instructions
Can reduce IHT	With proper planning
Specify funeral wishes	Your preferences known

What Happens Without One

Situation	Intestacy Result
Married, children	Spouse gets £322,000 + half remainder; children share rest
Married, no children	Spouse gets everything
Unmarried partner, children	Children get everything; partner gets nothing
Unmarried partner, no children	Parents/siblings inherit; partner gets nothing
Single, no children	Parents → siblings → nieces/nephews

Unmarried partners have NO automatic inheritance rights.

Intestacy Rules in Detail

Who Gets What

Order	Relatives
1	Spouse/civil partner
2	Children (including adopted)
3	Parents
4	Siblings (full blood)
5	Half-siblings
6	Grandparents
7	Aunts/uncles
8	Crown (if no relatives)

Spouse Inheritance Example

Estate Value	Spouse Receives	Children Receive
£300,000	£300,000	£0
£400,000	£361,000	£39,000
£500,000	£411,000	£89,000
£1,000,000	£661,000	£339,000

Spouse gets first £322,000 + 50% of remainder.

What to Include in Your Will

Essential Elements

Element	What to Specify
Executors	Who manages your estate (1-4 people)
Beneficiaries	Who gets what
Specific gifts	Named items to named people
Residuary estate	Everything else
Guardians	For children under 18
Funeral wishes	Burial/cremation preferences

Optional Additions

Element	Consider If
Trusts	Minor beneficiaries
Letter of wishes	Guidance for executors
Digital assets	Online accounts, crypto
Business succession	Own a business
Pet arrangements	Animal welfare

Choosing Executors

Who Should Be Executor?

Good Choice	Consider
Trusted friend/family	Willing and capable
Solicitor	Complex estates
Bank	For fee (expensive)
Your beneficiaries	Common, may create conflict

Executor Responsibilities

Task	What’s Involved
Apply for probate	Legal authority to act
Value estate	Inventories, valuations
Pay debts/taxes	Before distributing
Distribute estate	As per will
Keep records	For all transactions

Being executor is significant work — ask before naming someone.

Guardians for Children

Key Points

Issue	Guidance
Both parents die	Court follows your wishes
Only one dies	Surviving parent is guardian
Divorced	Surviving biological parent usually
Age of guardian	Consider their ability long-term
Backup guardian	In case first choice can’t act

What to Consider

Factor	Why
Values alignment	Your parenting approach
Location	Disruption to children
Financial ability	Can they provide?
Existing children	Adding more
Age and health	Will they be able?

Writing Your Will

Options

Option	Cost	Best For
Online services	£30-100	Simple estates
Will-writing services	£100-300	Medium complexity
Solicitor	£150-500+	Complex situations
Free will schemes	£0	Charity partnerships

DIY Will Risks

Risk	Problem
Invalid execution	Will fails
Ambiguous wording	Disputes
Missing witnesses	Invalid
Forgetting something	Assets go intestacy

Making It Valid

Requirement	What’s Needed
Over 18	Or married under 18
“Sound mind”	Understand what you’re doing
In writing	Typed or handwritten
Signed	At the end
Witnessed	2 people present, both sign
Witnesses independent	Not beneficiaries

Updating Your Will

When to Update

Life Event	Action
Marriage	Previous will usually invalidated
Divorce	Remove ex automatically as beneficiary (check)
New children	Add to beneficiaries
Death of beneficiary	Update to redistribute
Significant asset change	Update value/distribution
Moved country	Check will still valid

How to Update

Method	When
Codicil	Minor changes
New will	Major changes
Revoke old	New will should explicitly revoke

Inheritance Tax Basics

Current Thresholds

Allowance	Amount
Nil-rate band	£325,000
Residence nil-rate band	£175,000
Transferable to spouse	Both bands
Maximum for couple with home	£1,000,000

IHT Rate

Above Threshold	Rate
Any amount	40%
If 10%+ to charity	36%

Avoiding IHT Through Will

Method	How It Works
Spouse exemption	Leave to spouse (unlimited, no IHT)
Charity legacies	Exempt + reduces rate
Use nil-rate band	First £325k free
Residence band	Extra for family home
Trusts	Complex planning

Probate

What Is Probate?

Concept	Explanation
Grant of probate	Legal authority to administer estate
When needed	Usually over £10-15,000
Who applies	Executors named in will
Cost	£273 + legal fees if using solicitor

Probate Process

Step	Typical Time
Application	2-4 weeks to prepare
Grant issued	8-12 weeks
Administration	3-12 months
Distribution	After debts paid

Special Situations

Blended Families

Concern	Solution
Provide for current spouse AND children from previous relationship	Life interest trust
Ensure children inherit eventually	Trust remainder to children
Prevent new spouse inheriting everything	Trust arrangements

Business Owners

Consideration	Action
Business succession	Separate from personal will
Business Relief (IHT)	50-100% reduction possible
Shareholder agreements	Coordinate with will
Key person planning	Life insurance considerations

Overseas Assets

Issue	Solution
Property abroad	May need will in that country
Different inheritance laws	Legal advice essential
Tax treaties	Avoid double taxation

Key Takeaways

1. Everyone needs a will — especially with unmarried partners or children
2. Intestacy may not match wishes — partners can get nothing
3. Update after life changes — marriage, divorce, children
4. Choose executors carefully — it’s significant work
5. Consider IHT planning — potentially save 40%
6. Store safely — tell executors where it is

For related content, see our inheritance tax calculator, life insurance guide, and power of attorney guide.