Wills, Probate & Inheritance questions
17 direct answers, each with the short version first and a link to the full guide. For the whole topic, see Wills, Probate & Inheritance.
How long does probate take?
The Probate Registry typically issues a Grant of Probate within 4 to 8 weeks of submission. The full estate administration — from death to final distribution — usually takes 6 to 12 months for a straightforward estate, and longer where inheritance tax is payable, property must be sold, or there are disputes.
Do you need a solicitor to make a will?
No — there is no legal requirement to use a solicitor, and a will you write yourself can be perfectly valid. But solicitor-drafted wills cost only £150–£400 for a simple will, and errors in home-made wills are very common, causing failed gifts, disputes, and expensive contested probate later.
Does an unmarried partner inherit if there is no will?
No. Under the intestacy rules of England and Wales, an unmarried partner inherits nothing — regardless of how long you lived together. Your only route is a court claim under the Inheritance Act 1975 for reasonable financial provision, which is uncertain and expensive. The only reliable protection is for both partners to make wills.
Can an executor charge for their time?
A lay executor cannot charge for their time unless the will contains a charging clause authorising it. Professional executors — solicitors, accountants, trust corporations — can charge only where the will includes a charging clause or the court authorises it. All executors can reclaim reasonable out-of-pocket expenses from the estate.
How much does it cost to contest a will?
Entering a caveat to pause probate costs just £3, but full contested proceedings typically cost £30,000–£150,000 or more per side. Some firms offer no-win-no-fee agreements for stronger cases. Because costs are so high, most disputes settle — and weak claims are rarely worth starting.
Are pensions subject to inheritance tax?
Currently, most pension funds sit outside your estate for inheritance tax, because they are held under discretionary trust by the provider. But the government has announced that from April 2027 most unused pension funds will be brought into the IHT calculation — so take updated advice as the change approaches.
How much does probate cost?
The court fee is £526 for estates over £5,000, and nothing at or below that. Extra official copies of the grant cost £1.50 each. Solicitors who administer a whole estate typically charge 0.75% to 2% of its value, or an hourly rate.
Who can witness a will?
Any adult with mental capacity who is not a beneficiary and is not married to or the civil partner of one. Two are needed, both present at the same time when you sign. A beneficiary who witnesses does not invalidate the will — they simply lose their gift.
Can I refuse to be an executor?
Yes — but only before you start. Sign a deed of renunciation and the role passes to any other named executor, or to the residuary beneficiaries. Once you have begun to act, even by contacting a bank, you have intermeddled and can only be removed by the court.
How long do I have to contest a will?
It depends which claim you are bringing. An Inheritance Act claim must be issued within 6 months of the grant, and so must a rectification claim. A challenge to the will’s validity has no fixed deadline — but you must enter a caveat before the grant issues.
Who can make an Inheritance Act claim?
Six categories only: spouses and civil partners, former spouses who have not remarried, cohabitants of at least two years, children of any age, people treated as a child of the family, and anyone the deceased was maintaining. Siblings and parents cannot claim unless maintained.
How much does a lasting power of attorney cost?
Registration with the Office of the Public Guardian costs £82 per LPA, so £164 for both the property and the health types. People on an income under £12,000 pay half, and some means-tested benefits give full exemption. Allow around 20 weeks for registration.
Can a will be changed after someone dies?
Yes, by a deed of variation, provided it is executed within two years of the death and every beneficiary giving something up agrees. Done properly it is read back to the date of death for inheritance and capital gains tax, as though the deceased had written it.
How much does a spouse inherit if there is no will?
Where there are children, the surviving spouse or civil partner takes all the personal possessions, the £322,000 statutory legacy, and half of whatever remains; the children share the other half. Where there are no children, the spouse takes the entire estate.
What happens to my cryptocurrency and online accounts when I die?
Crypto is property and passes under your will — but only if your executor can reach the wallet, and there is no password reset. Most online accounts are licences that end on death and cannot be left to anyone; use each platform’s legacy tool instead.
How does the 7-year rule on gifts work?
Survive seven years from the date of a gift and it escapes inheritance tax entirely. Die sooner and it is pulled back into the calculation, using up your £325,000 nil-rate band first. Taper relief from year three reduces the tax, not the value of the gift.
How much can you inherit before paying inheritance tax?
The nil-rate band is £325,000 per person, with a further £175,000 residence nil-rate band where a home passes to direct descendants. Unused allowances transfer between spouses, so a married couple can pass up to £1 million before 40% tax applies.