Wills & Probate in the United Kingdom

What makes a will legally valid in the UK?

In England, Wales and Northern Ireland: it must be in writing, signed by you, and your signature must be made or acknowledged in front of two witnesses who are both present at the same time, and who each then sign. Video witnessing is no longer valid for wills made after 31 January 2024. Never use a beneficiary or their spouse as a witness — their gift becomes void. In Scotland: sign every page, with one witness aged 16 or over, and the will is self-proving; Scots can make a will from age 12.

Who inherits if I die without a will?

Fixed rules decide, not your family's sense of fairness. In England and Wales your spouse or civil partner takes the personal belongings, the first £322,000 and half the rest; children share the remainder at 18. In Northern Ireland the spouse's figure is £250,000 where there are children. In Scotland the spouse's prior rights cover the home (to £473,000), furnishings and a cash sum first. In every part of the UK, an unmarried partner inherits nothing automatically — "common-law marriage" does not exist legally.

How much does probate cost and how long does it take?

England and Wales: £526 application fee for estates over £5,000 (free below), with grants usually issuing within 12 weeks — digital applications often in around a month. Scotland: confirmation through the sheriff court is free up to £50,000, £351 up to £250,000 and £705 above, and for estates up to £36,000 the sheriff clerk prepares the forms free. Northern Ireland: £326 for estates over £10,000, plus £81 if you apply personally without a solicitor. Probate is not always needed — jointly owned homes and accounts pass to the survivor automatically, and banks release small balances without a grant.

Does getting married or divorced cancel my will?

Marriage revokes an existing will in England, Wales and Northern Ireland — unless the will was expressly made in contemplation of that marriage. That rule catches blended families constantly, and it enables what courts call predatory marriage. Scotland is different: marriage does not revoke a Scottish will. Divorce, anywhere in the UK, does not cancel the will — it simply treats your former spouse as having died before you, so their gifts and their appointment as executor fall away while the rest of the will stands.

Can I challenge a will, or claim from an estate that left me out?

Yes, on two distinct tracks. A validity challenge argues the will itself fails — lack of mental capacity, undue influence, forgery, or incorrect signing — and a £4 caveat at the probate registry freezes the grant for six months while that is investigated (England and Wales). Separately, even a valid will can be adjusted: spouses, former spouses, children, dependants and cohabitants of two years can seek "reasonable financial provision" under the 1975 Act — but generally only within six months of the grant. Northern Ireland has a matching 1979 Order. In Scotland, spouses and children instead have automatic legal rights to a share of the moveable estate that no will can defeat.

How much inheritance tax will the estate pay?

Nothing on the first £325,000 — a threshold frozen until April 2031 — plus up to £175,000 more where your home passes to children or grandchildren. Above that, 40% (or 36% if a tenth of the estate goes to charity). Everything passing to a spouse or civil partner is exempt, and their unused thresholds transfer, so a couple can often pass on up to £1 million tax-free. The tax is due by the end of the sixth month after death. Two announced changes matter for planning: from April 2026, 100% farm and business relief is capped at £2.5 million per person, and from April 2027 unused pension funds count in the estate.

What is a power of attorney, and why do people make one with their will?

A will only speaks at death — a power of attorney covers you while alive but unable to decide for yourself. In England and Wales a lasting power of attorney costs £92 per document to register and takes 8–10 weeks; Scotland registers a continuing or welfare power of attorney for £99; Northern Ireland still uses enduring powers of attorney, registered for £189 when needed. Without one, your family must apply to court to be appointed — in England and Wales a £432 deputyship application plus ongoing supervision fees, with the court choosing who acts.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The line gives you clear general legal information about wills, probate and inheritance across the UK — not legal advice on your specific situation — and calling creates no solicitor-client relationship. When you want advice or someone to act for you, we connect you with an expert UK solicitor for a one-hour consultation at a fixed £145, bookable on the call with the price confirmed before you pay anything.