If you die without a Will, your estate is distributed under UK intestacy rules. These rules set out a strict order of inheritance, prioritising spouses, children, and other close relatives.

While this may seem straightforward, it often leads to unintended consequences. For example, cohabiting partners who are not married or in a civil partnership do not automatically inherit anything, regardless of how long they have lived together.

The process can also take longer, as there is no appointed executor to manage the estate. Instead, an administrator must be appointed, usually a close relative, which can delay probate and increase administrative burden.

In complex families or where relationships are blended, intestacy frequently results in disputes or outcomes that do not reflect the deceased’s wishes.  Read more in our Rules of Intestacy Guide

Yes, it is legally possible to write your own Will without a solicitor. However, DIY Wills carry a significantly higher risk of errors that can make the document invalid or open to challenge.

Common issues include incorrect witnessing, unclear wording, or failure to account for specific family circumstances. Even small mistakes can result in parts of the Will being ignored by the courts during probate.

Professional Will writing ensures the document is legally valid, clearly structured, and tailored to your personal circumstances. This is particularly important if you own property, have children, or have complex family arrangements.

For many people, the cost of professional drafting is outweighed by the risk of future disputes or legal complications.

For a Will to be legally valid in England and Wales, it must meet several requirements. It must be written voluntarily by a person who has mental capacity and is over 18 years old.

The Will must be signed by the testator in the presence of two independent witnesses, who must also sign the document. These witnesses cannot be beneficiaries or married to beneficiaries, as this could invalidate their inheritance.

Clarity is also important. Ambiguous wording can lead to disputes or interpretation issues during probate.

If a Will does not meet these legal standards, it may be declared invalid, resulting in intestacy rules being applied instead.

Yes, a Will can be updated at any time while you have mental capacity. Most people update their Will after major life events such as marriage, divorce, the birth of children, or acquiring property.

Changes should not be made by simply altering the original document. Instead, a formal amendment called a codicil or a completely new Will is usually required.

It is important that only the most recent valid Will is used. Older versions should be destroyed or clearly revoked to avoid confusion.

Yes, in most cases, marriage or civil partnership automatically revokes a previously made Will unless it was explicitly written in contemplation of that marriage.

This is a significant legal point that many people overlook. If no new Will is created after marriage, intestacy rules may apply unexpectedly.

It is therefore strongly recommended to review and update your Will whenever your marital status changes.

Executors are responsible for administering your estate after death, including managing assets, paying debts, and distributing inheritance.

You should appoint individuals who are trustworthy, organised, and capable of handling financial and legal responsibilities. Many people choose close family members, but professional executors can also be appointed for more complex estates.

It is often advisable to appoint more than one executor to provide balance and oversight.

Yes, you can choose not to leave anything to certain individuals. However, in some cases, dependants may have legal grounds to challenge a Will under the Inheritance (Provision for Family and Dependants) Act 1975.

This is particularly relevant for spouses, civil partners, and financially dependent children.

Clear wording and proper estate planning can reduce the risk of disputes.

Probate typically takes between 6 and 12 months, depending on the complexity of the estate.

Delays can occur if there are disputes, missing documentation, overseas assets, or inheritance tax issues.

Simple estates with clear documentation may be completed more quickly, while complex estates can take significantly longer.

Learn more in our Probate Guide

No. Once probate is granted, a Will becomes a public document. Anyone can request a copy from the Probate Registry for a small fee.

This is why some people choose careful wording and professional drafting to avoid unnecessary disclosure of sensitive details.

Where privacy is required a Lifetime or Family Trust maybe a better option.  You can learn more in our Lifetime Trust guide