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Wills & probate edition

Wills, probate and later life.

Making a will, what happens without one, probate, lasting power of attorney, inheritance tax and contesting a will — explained against the law of England & Wales, current to 2026. Legal information you can act on, not advice that replaces a solicitor.

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By The Counsel editorial desk·Reviewed against primary legislation and case law for England & Wales·Last reviewed 15 June 2026·How we source this →
Where to start

Three ways in

Start

Review a will or estate question

Check a draft will, an intestacy situation, or a probate or LPA question in plain English.

Start

Understand inheritance tax

See how the nil-rate bands, exemptions and the 7-year rule apply to an estate.

Start

Prepare a solicitor handoff

Package the facts and open questions for fast, focused regulated advice.

Guides

Know where you stand

Wills

How to Make a Valid Will (England & Wales)

A plain-English guide to making a will that holds up: the Wills Act 1837 signing rules, what to include, choosing executors, and the mistakes that make a will invalid.

Wills

Dying Without a Will: The Intestacy Rules (England & Wales)

What happens to your estate if you die without a valid will: the intestacy order of who inherits, the £322,000 surviving-spouse statutory legacy, and why unmarried partners are left out.

Wills

Probate Explained (England & Wales)

What probate is, when you actually need a grant, the difference between grant of probate and letters of administration, and what the executor or administrator has to do.

Wills

Lasting Power of Attorney Explained (England & Wales)

The two types of LPA, how to set one up and register it with the Office of the Public Guardian, why they matter, and what happens — deputyship — if you have none.

Wills

Inheritance Tax Basics (England & Wales)

How inheritance tax works: the £325,000 nil-rate band and £175,000 residence nil-rate band, the spouse exemption, the 40% rate, and the 7-year rule on lifetime gifts.

Wills

Contesting a Will (England & Wales)

How to challenge a will: the grounds for saying it is invalid, claims for reasonable financial provision under the Inheritance Act 1975, and the strict time limits that apply.

Questions

People also ask

Can The Counsel write my will?

It can explain what a valid will needs, help you think through who gets what and who should be executor, and produce a plain-English starting point. It is a legal-information tool, not a solicitor, so for a larger or complex estate have the final will checked.

What happens if I die without a will?

The intestacy rules decide who inherits. A surviving spouse or civil partner takes the personal possessions, a statutory legacy (currently £322,000) and a share of the rest, with the balance to children. Unmarried partners inherit nothing automatically.

Do I need a solicitor to make a will?

There is no legal requirement to use a solicitor, and will-writing is an unregulated activity. But for larger estates, blended families, business assets, or anything contentious, professional advice is strongly worth it — mistakes in a will are often only discovered too late.

Is this up to date with current inheritance tax?

Yes — these guides reflect the 2026 position, including the £325,000 nil-rate band and £175,000 residence nil-rate band, the spouse and civil-partner exemption, the 40% rate, and the 7-year rule on lifetime gifts.

The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, prepare a solicitor handoff and take advice before you act.

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