Estate Planning UK 2026 — Wills, LPA, Probate and Inheritance Tax Guide
Wills & Estate Planning UK — Complete Guide
Everything you need to know about making a will in the UK. Why you need one, how to write it, what happens without one, and estate planning basics.
By James Whitfield
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Last reviewed:
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4 min read
If you are planning wills, attorney roles, probate steps, and family handover tasks together, use the Estate Planning Hub for the full route map.
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
- Everyone needs a will — especially with unmarried partners or children
- Intestacy may not match wishes — partners can get nothing
- Update after life changes — marriage, divorce, children
- Choose executors carefully — it’s significant work
- Consider IHT planning — potentially save 40%
- Store safely — tell executors where it is
For related content, see our inheritance tax calculator, life insurance, and power of attorney guide.