Wills and Probate

Probate is the legal sign off that is required before assets can be distributed and is part of the process of administering a person’s estate after they die. If there is a Will, the executor named in the document is responsible for applying for probate and carrying out the instructions within it.  

The process typically involves valuing the estate, paying any debts or taxes, and distributing the remaining assets to the beneficiaries. Probate ensures that everything is handled legally and that the estate is settled properly.

If there is no Will, the process is similar, but an administrator is appointed instead of an executor. This can add complexity, particularly if there are multiple potential beneficiaries or disagreements.

Not all estates require probate. Smaller estates or jointly owned assets may pass automatically to the surviving owner. However, larger (more than about £50,000 of cash) or more complex estates involving a property or shares or a business usually require a formal grant of probate before assets can be accessed.

In simple terms, probate is the process that allows the instructions in a Will to be put into action, ensuring that a person’s estate is handled correctly and passed on as intended.

The good news is that on first death of a married or civil partnership couple, where the Will is simple, probate may not be required and, if it is, it can be quite straightforward. 

The bad news is it often takes months and months to achieve probate on second death or where inheritance tax is involved - which is where planning can help. 

➡️ Talking of Inheritance Tax - it's worth understanding the rules as they are now (2026), but they have changed in recent years and will almost certainly do so again.