Plan ahead and understand the process

You are not legally required to use a solicitor to make a will, but a professionally drafted will reduces the risk of it being invalid or creating ambiguity that leads to disputes. DIY will kits and online will services can be suitable for straightforward estates. A solicitor is strongly recommended if your estate is large, you have a business or foreign property, you want to set up a trust, your family circumstances are complex (such as a second marriage or estranged children), or you want to minimise inheritance tax.

When someone dies without a valid will (intestate), their estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925. In England and Wales, the surviving spouse or civil partner takes the first £322,000 plus half of the remainder; the other half goes to the deceased's children. Unmarried partners receive nothing under the intestacy rules, regardless of how long they lived together. Distant relatives may inherit if there is no spouse or direct descendants.

The probate application fee is currently £300 for estates over £5,000, and free for smaller estates. If you use a solicitor to administer the estate, fees are typically calculated as a percentage of the estate value (often 1–4%) or charged at an hourly rate. Solicitors must give you a clear estimate of fees upfront. You can apply for probate yourself (known as a personal application) without using a solicitor, particularly for straightforward estates.

Yes. A will can be challenged on the grounds of lack of testamentary capacity — meaning the deceased did not understand the nature of making a will, the extent of their estate, or the claims of those who might expect to benefit. A will can also be challenged on the grounds of undue influence, fraud, or improper execution. Separate from challenging the will itself, certain close relatives and dependants can also make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were not reasonably provided for.