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What you need to know
Dying without a valid will is called dying intestate. In England and Wales, the Rules of Intestacy then determine who inherits. A spouse or civil partner inherits the first £322,000 of the estate, plus half of anything above that. Children share the other half. Unmarried partners receive nothing under intestacy regardless of how long the relationship lasted.
Probate is the legal process of administering a deceased person's estate. You need a Grant of Probate (if there is a will) or Letters of Administration (if there is no will) to deal with most assets above around £10,000 to £15,000. Banks, HMRC and the Land Registry generally require sight of the grant before releasing assets. Applications are made online at MyHMCTS or by post.
If you are named as executor in a will, your duties include locating the original will, registering the death, valuing the estate, paying any Inheritance Tax, applying for probate, paying debts, and distributing assets to beneficiaries. Executors can be held personally liable if they distribute assets incorrectly or before debts are paid.
Inheritance Tax (IHT) is charged at 40% on the value of an estate above the nil-rate band of £325,000. An additional residence nil-rate band of £175,000 applies when a home is left to direct descendants. Married couples can transfer unused allowances. Gifts made more than seven years before death are generally exempt. IHT must be paid before probate is granted.
A will can be challenged on several grounds including lack of testamentary capacity (the person did not understand what they were signing), undue influence, fraud, or failure to comply with the formal requirements of the Wills Act 1837. You must act quickly — ideally entering a caveat at the Probate Registry to pause the grant of probate while you seek advice.
Even if you are left out of a will entirely, certain categories of person can apply to the court for reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This includes spouses, children, cohabitees of at least two years, and dependants. Claims must be brought within six months of the grant of probate.
This guidance is for general information only and does not constitute legal advice. Always verify current figures and legislation on GOV.UK or seek professional advice for your specific situation.