Short answer
To make a valid will in England and Wales you must be 18 or over, of sound mind, and sign it in writing in front of two adult witnesses who are present at the same time. You do not need a solicitor. After a death, probate costs £526 for estates over £5,000.
How do you make a valid will?
Under section 9 of the Wills Act 1837, a will must be in writing and signed by you (or by someone at your direction), and you must sign or acknowledge your signature in the presence of two witnesses who are both present at the same time. Each witness then signs in your presence. GOV.UK adds that you must be 18 or over, of sound mind and making the will voluntarily.
Common mistakes that cause problems:
- leaving a gift to a witness or their spouse or civil partner: that gift fails
- witnessing by video call: this was only allowed for wills made between 31 January 2020 and 31 January 2024
- making handwritten changes after signing: alterations need to be witnessed again, or made by a formal codicil
- forgetting that marriage or civil partnership cancels an earlier will
You do not need a solicitor to write a will, and online and DIY wills are legal if they are signed and witnessed correctly. Couples often make mirror wills, which are two separate wills in almost identical terms. Consider professional help if you own a business or property abroad, have children from different relationships, or want to leave someone out.
How do you set up a lasting power of attorney?
A lasting power of attorney (LPA) lets you choose people to make decisions for you if you lose mental capacity. There are two types:
- Property and financial affairs: managing bank accounts, bills, benefits and selling your home. It can be used while you still have capacity, with your permission.
- Health and welfare: decisions about daily care, medical treatment, moving into a care home and, if you choose, life-sustaining treatment. It can only be used once you lack capacity.
You make an LPA while you have capacity, and it must be registered with the Office of the Public Guardian before it can be used. Registration costs £92 per LPA (reductions and exemptions are available) and usually takes 8 to 10 weeks if there are no mistakes. You can apply online or on paper forms.
Do you need probate, and how do you apply?
Probate is the legal right to deal with someone's property, money and possessions after they die. You may not need it if the estate is small, or if assets such as a house or bank account were owned as joint tenants and pass automatically to the survivor. Banks and other organisations set their own limits, so ask each one.
The executors named in the will apply for a grant of probate. If there is no will, the closest relative applies for letters of administration. Before applying you must value the estate and report it to HMRC. If form IHT400 is needed, you must wait for HMRC's code before applying.
The fee is £526 if the estate is worth over £5,000, and nothing at or below that. Extra official copies cost £2 each if ordered with your application. GOV.UK says you will usually get probate within 12 weeks. You can apply yourself without a solicitor. As executor you must collect in assets, pay debts and tax, keep accounts and then distribute the estate.
How much inheritance tax is due on an estate?
Inheritance tax is charged at 40% on the part of an estate above the £325,000 nil-rate band. Key points:
- everything left to a spouse, civil partner or charity is usually exempt
- leaving your home to children or grandchildren can raise the threshold to £500,000 (the £175,000 residence nil-rate band), tapered away for estates over £2 million
- unused thresholds can pass to a surviving spouse or civil partner, so a couple can leave up to £1 million
- the rate falls to 36% if you leave 10% or more of the net estate to charity
- gifts made within 7 years of death may be taxed
The thresholds are frozen until April 2031. From 6 April 2027, most unused pension funds and death benefits will count towards the estate. Tax must be paid by the end of the sixth month after the death, or HMRC charges interest.
What happens if someone dies without a will?
The intestacy rules in section 46 of the Administration of Estates Act 1925 decide who inherits. A married partner or civil partner (who must survive by 28 days) with children receives all personal possessions, the first £322,000 and half of the rest. The children share the other half. With no children, the spouse or civil partner inherits everything.
If there is no spouse or civil partner, the estate passes in this order: children, parents, brothers and sisters (full, then half blood), grandparents, then uncles and aunts. If there are no relatives, it goes to the Crown. Unmarried partners inherit nothing under these rules, however long you lived together.
Can you contest a will or make an inheritance claim?
You can challenge whether a will is valid if, for example:
- it was not signed and witnessed properly
- the person lacked mental capacity when they made it
- they were pressured (undue influence) or did not know and approve its contents
- it was forged or made through fraud
Separately, if you were left out or left too little, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. Spouses, former spouses who have not remarried, children, cohabitants of two years or more, and people who were financially maintained by the person can apply. You must usually claim within 6 months of the grant of probate or letters of administration. You can also enter a caveat to stop a grant being issued while you raise concerns.
What are the key deadlines and time limits?
The main time limits when dealing with wills and estates:
- 28 days: a spouse or civil partner must survive the person by 28 days to inherit under the intestacy rules.
- End of the sixth month after death: inheritance tax must be paid, or interest is charged.
- 6 months from the grant: the usual deadline for an Inheritance Act claim; later claims need the court's permission.
- 7 years: gifts made within 7 years before death may count for inheritance tax.
- 12 weeks: the usual time to receive a grant of probate after applying, according to GOV.UK.
- 8 to 10 weeks: the usual time to register a lasting power of attorney.
What should you do next?
- List your assets, debts, pensions and life policies, and decide who you want to inherit and who should be your executors and guardians for any children.
- Write your will, then sign it in front of two adult witnesses who are present together and who are not beneficiaries or their spouses.
- Make lasting powers of attorney for property and finances and for health and welfare, and register them with the Office of the Public Guardian (£92 each).
- If you are dealing with an estate, value it, check the inheritance tax position with HMRC, then apply for probate online.
- Ask Libra about your situation, such as whether an estate needs probate or who inherits under intestacy.
- For complex estates, disputes or inheritance claims, find a lawyer or clinic through Libra early, as the 6 month claim deadline is short.
Frequently asked questions
Do I need a solicitor to write a will?
No. A will you write yourself is legally valid if you are 18 or over, of sound mind, and you sign it in front of two adult witnesses who are present at the same time and then sign it themselves. Professional help is worth considering for complex estates, blended families, business assets or property abroad.
Does getting married cancel my will?
Yes. In England and Wales, marriage or civil partnership automatically revokes an existing will, unless the will was made in expectation of that specific marriage. Divorce is different: it does not cancel the will, but your former spouse is treated as having died, so gifts to them fail. Review your will after either event.
How long does probate take?
GOV.UK says you will usually receive a grant of probate within 12 weeks of applying, although it can take longer if more information is needed. Before that, you need to value the estate and deal with HMRC. Administering the whole estate, from death to final distribution, commonly takes between several months and a year or more.
Do I need probate if the house was jointly owned?
Not for the house if it was owned as joint tenants, because it passes automatically to the surviving owner. If it was owned as tenants in common, the deceased's share passes under their will or intestacy and probate is usually needed. Probate may still be needed for other assets such as bank accounts or shares.
Who inherits if there is no will and no spouse?
The estate passes to the children in equal shares. If there are none, it goes to parents, then brothers and sisters, then half brothers and sisters, grandparents, and then aunts and uncles. If there are no living relatives in these groups, the estate passes to the Crown. Unmarried partners do not inherit under the intestacy rules.
Can I challenge a will if I was left out?
Possibly. You can challenge the will itself if it was invalid, for example through lack of capacity or undue influence. Or you can claim reasonable financial provision under the Inheritance Act 1975 if you are a spouse, child, two-year cohabitant or dependant. Act quickly: Inheritance Act claims usually must be brought within 6 months of the grant.
What is the difference between the two types of lasting power of attorney?
A property and financial affairs LPA covers money, bills, bank accounts and property, and can be used while you still have capacity if you agree. A health and welfare LPA covers medical treatment, care and where you live, and can only be used once you lack capacity. Many people make both. Each costs £92 to register.
Who can witness my will?
You need two independent adult witnesses who are present when you sign. A beneficiary or their spouse or civil partner should not witness, because they risk losing their gift. Both witnesses must see you sign, then sign themselves in your presence.
Can my executor also be a beneficiary?
Yes. It is very common for a spouse or child to be both executor and beneficiary. The only issue is witnessing: an executor who is a beneficiary should not act as a witness. You can appoint up to four executors, and it is wise to name a substitute.
Do I need to pay inheritance tax if I leave everything to my spouse?
Usually not. Transfers to a UK-domiciled spouse or civil partner are exempt from inheritance tax, and unused nil-rate band can pass to the survivor. Tax may arise on the second death, so the allowances of both partners matter. Check the current thresholds on gov.uk when planning.
What should I do first when someone dies?
Get the medical certificate, register the death within five days in England and Wales, and look for a will and the named executors. Notify banks and the Department for Work and Pensions, and secure the property. Do not distribute assets until you know whether probate is needed and what debts exist.
Can the bank freeze the account of someone who has died?
Yes. Once a bank is told of the death, it freezes the account until the executor provides a grant of probate or, for smaller balances, a bank-specific process. Direct debits may stop, so it is usual to pay urgent funeral costs from the estate once funds are released.
Can I remove someone from my will after I have made it?
Yes, while you have mental capacity. You can make a new will that revokes the old one or add a formal codicil, both properly witnessed. Crossing out names on the original is risky and may not be valid. If you are unsure, get advice so your wishes are clear.
Ask Libra
- Who can witness my will in England?
- Can an executor also be a beneficiary of the will?
- Do I pay inheritance tax if I leave everything to my spouse?
- What do I need to do first when someone dies?
- Will the bank freeze my late mother's account?
- How do I change my will after making it?
Sources
- GOV.UK: Make a will
- GOV.UK: Applying for probate
- GOV.UK: Probate fees
- GOV.UK: Lasting power of attorney
- GOV.UK: Inheritance Tax
- HM Treasury and HMRC: Inheritance Tax thresholds
- Wills Act 1837, section 9
- Inheritance (Provision for Family and Dependants) Act 1975, section 4
This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.
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