Estate Planning

A valid will in England and Wales must be in writing, signed by the testator (or by someone else in their presence and by their direction), and witnessed by two independent people who are present at the same time.

You appoint an executor by naming them clearly in your will, which must be signed in the presence of two witnesses who also sign it in your presence — as required by the Wills Act 1837.

Yes, in England and Wales, a will is automatically revoked by marriage unless it was made in contemplation of that specific marriage.

No, the gift to a witness who is also a beneficiary is void under the Wills Act 1837.

Yes, you can make a will if you have dementia — but only if you still have 'testamentary capacity' at the time of making it.

A will made abroad can be valid in England if it complies with the law of the country where it was made, the law of the testator’s domicile, habitual residence, or nationality at the time of making it or death — under the Wills Act 1837.

Yes, you can write your own will in the UK, provided it meets strict legal requirements — including being in writing, signed by you in the presence of two witnesses who also sign in your presence.

If you die without a will in England and Wales, your estate is distributed according to the rules of intestacy in the Administration of Estates Act 1925 — typically to your spouse or civil partner first, then children, parents, siblings, or other relatives in a strict legal order.

If your parent died intestate in England and Wales, the estate is divided according to fixed rules in the Administration of Estates Act 1925 — typically, the surviving spouse or civil partner receives the first £322,000 (plus personal possessions), and the remainder is split between them and any children.

Yes, you may be able to challenge your parent's will under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially dependent on them or fall into a qualifying category.

Yes, stepchildren in the UK may be able to challenge their stepparent's will under the Inheritance (Provision for Family and Dependants) Act 1975 — but only if they were treated as a child of the family by the stepparent and were financially dependent on them.

Yes, you may contest the will if your parent lacked mental capacity, was unduly influenced, or the will failed to meet formal requirements under the Wills Act 1837.

The current inheritance tax (IHT) threshold in the UK is £325,000 for an individual, known as the 'nil-rate band', and remains frozen until at least April 2028.

Yes, leaving money to a UK-registered charity in your will is exempt from Inheritance Tax, and if you leave at least 10% of your net estate to charity, the Inheritance Tax rate on the rest of your taxable estate drops from 40% to 36%.

Yes, you can give away your house before death, but it may still be subject to inheritance tax if you continue to benefit from it or die within seven years — and gifts with reservation of benefit are treated as still owned by you.

The transferable nil-rate band allows a surviving spouse or civil partner to inherit any unused portion of their deceased partner’s inheritance tax nil-rate band, effectively doubling the available allowance to £650,000 if the first death occurred on or after 9 October 2007.

You claim the residence nil-rate band (RNRB) by completing the IHT435 form when administering an estate, provided the deceased owned a qualifying residence passed to direct descendants and meets other conditions in the Inheritance Tax Act 1984.

Yes, you may owe Inheritance Tax (IHT) on the gift if your relative died within 7 years of giving it — this is known as a 'potentially exempt transfer' that becomes chargeable on death.

Certain lifetime gifts are exempt from inheritance tax, including annual gifts up to £3,000, small gifts of up to £250 per person, and gifts made in consideration of marriage or civil partnership.

Probate is the legal process of proving a will and appointing executors to administer a deceased person’s estate; it is needed when the deceased owned assets in their sole name that require formal authority to transfer or sell.

As an executor in the UK, you must collect the estate, pay debts and taxes, and distribute assets according to the will — and you can be held personally liable for losses caused by negligence or breach of duty.

In the UK, you can set up several types of trusts for your children — including bare trusts, discretionary trusts, and interest-in-possession trusts — each with different tax, control, and flexibility implications.

Yes, you can usually leave your pension to anyone you choose — and it often passes outside your estate, avoiding Inheritance Tax.

No, you cannot completely disinherit your spouse in England and Wales — they can apply to court for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

As a cohabitant in the UK, you do not automatically inherit under intestacy rules—but you may apply to court for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.