Introduction to Wills and Death
When someone dies, their wishes and the management of their assets can have a lasting impact on their loved ones. A will is a legal document that sets out how a person’s property, money, and possessions should be distributed after their death. In the UK, making a valid will is crucial to ensure your estate is handled according to your wishes and to help prevent disputes among family members. The legal foundation for wills in England and Wales is set out in the Wills Act 1837, which outlines who can make a will and what makes it legally valid.
If someone dies without a will (known as dying “intestate”), strict rules decide how their estate is divided, which may not reflect what they would have wanted. This can create uncertainty and stress for those left behind. Proper estate planning, including making a will, is an important part of family law, as it helps protect your family’s interests and provides peace of mind.
On this page, you’ll find clear explanations about how to make a valid will, what happens after someone dies, and how estates are managed. We also cover what happens if there’s no will, and the steps family members may need to take during this difficult time. For more detailed information, you can explore our guides on making a will, probate, intestacy, and other related topics.
Making a Will
A will is a legal document that sets out what should happen to your money, property, and possessions after you die. Having a valid will is important because it ensures your wishes are followed and can make the process much easier for your loved ones. Without a will, the law decides how your estate is shared out, which might not reflect your intentions.
To be valid in the UK, a will must meet certain requirements set out in the Wills Act 1837. For example, you must be over 18, make the will voluntarily, be of sound mind, and sign the document in the presence of two witnesses.
Making a will gives you control over who inherits your estate, allows you to appoint guardians for children, and can help prevent family disputes. Common mistakes to avoid include not signing the will correctly, forgetting to update it after major life changes, or failing to clearly state your wishes.
If you’re ready to take the next step, our detailed guide on how to make a will explains the process and what you need to consider to ensure your will is legally valid.
What Happens When Someone Dies
When someone dies in the UK, there are important legal steps that must be taken straight away. The first requirement is registering a death, which must usually be done within five days. This process creates the official record needed to deal with the deceased’s affairs.
Once the death is registered, the responsibility for managing the deceased’s estate falls to executors (if there is a will) or administrators (if there isn’t). Their role is to collect assets, pay any outstanding debts, and distribute what remains to beneficiaries. Often, this involves applying for legal permission to deal with the estate, a process known as probate and estate administration.
It’s also important to consider inheritance tax, which may be due depending on the value of the estate and who inherits it. Executors or administrators are responsible for ensuring any tax owed is paid before assets are distributed.
For family members, a death can bring both emotional and practical challenges. They have certain rights, such as the right to be informed about the estate and, in some cases, to make claims if they believe they have not been properly provided for. At the same time, there are responsibilities, including supporting the legal process and helping to identify all of the deceased’s assets and debts.
Understanding these steps can help families navigate a difficult time and ensure the deceased’s wishes are respected.
Dying Without a Will (Intestacy)
When someone dies without leaving a valid will, this is known as dying intestate. In these situations, the law decides how the person’s money, property, and possessions are shared out. The process is governed by the Administration of Estates Act 1925, which sets out the legal framework for distributing estates when there is no will.
The intestacy rules determine exactly who inherits and in what order, which may not always reflect what the deceased would have wanted. This can sometimes lead to disputes among family members or leave certain loved ones without any inheritance at all.
Understanding what happens when there is no will is important to avoid unintended outcomes and family disagreements. For a detailed explanation of the process, potential issues, and who stands to inherit, visit our dedicated page on dying without a will (intestacy).
Challenging a Will and Disputes
When someone dies, disagreements about their will can arise – often causing distress for families and loved ones. Common reasons for challenging a will include concerns about whether the person making the will had the mental capacity to do so, whether they were pressured or influenced, or if the will fails to provide reasonable financial support for certain family members. The Mental Capacity Act 2005 sets out the legal standards for mental capacity, while the Inheritance (Provision for Family and Dependants) Act 1975 outlines who can make a claim if they believe the will does not make fair provision.
Contesting a will in the UK usually involves legal proceedings, which can be complex and may require involvement from the Crown Court. Disputes can delay the distribution of the estate and place strain on family relationships.
If you believe a will is unfair, invalid, or have concerns about its contents, it is important to seek specialist advice as soon as possible. You can learn more about the process, your options, and how disputes are resolved by visiting our detailed guide on challenging a will and disputes.
Dealing with an Estate (Probate)
When someone dies, their assets – such as money, property, and possessions – need to be collected and shared out. This process is known as probate. Probate is usually required to prove that a will is valid and to give the person dealing with the estate the legal authority to act. If there is no will, the process is still necessary, but different rules, known as the Intestacy Rules (Intestates’ Estates Act 1952), will apply.
The person responsible for handling the estate is called an executor (if named in a will) or an administrator (if there is no will). Their duties include gathering all assets, paying off debts and taxes, and distributing what remains to the rightful beneficiaries. The process must follow the laws set out in the Administration of Estates Act 1925.
There are costs involved in managing an estate, such as court fees and professional charges. For more details on what to expect, see our guide to estate administration costs.
Distributing the estate must be done according to the instructions in the will, or if there is no will, following the Intestacy Rules (Intestates’ Estates Act 1952). For further guidance, read about estate distribution.
For a step-by-step overview of the entire process, including key responsibilities and legal requirements, visit our dedicated page on dealing with an estate (probate). You can also find practical advice on the role of executors and administrators in Probate (Administration of Estates Act 1925).
Funerals
Arranging a funeral is an important responsibility that usually falls to the person named as executor in the will, or the closest family member if there is no will. Legally, the executor or administrator has the right to make decisions about the funeral, including whether the person is buried or cremated. It’s important to note that funeral wishes expressed in a will are not legally binding, but are typically followed if possible.
Funeral planning involves practical and financial considerations. Costs can vary widely, and payment usually comes from the deceased’s estate, if funds are available. In some cases, families may need to cover expenses upfront and be reimbursed later.
There are also legal requirements around burial and cremation, such as obtaining the correct certificates and following regulations like those set out in the Burial Act 1857, which governs the disturbance of human remains in England and Wales.
For a detailed guide on your legal responsibilities, decision-making rights, and what to expect when arranging a funeral, see our dedicated page on funerals.
Trusts Created by Wills
A trust is a legal arrangement where one or more people (the trustees) manage assets on behalf of others (the beneficiaries). In the UK, it’s common for a will to set up a trust that comes into effect after the person’s death. These are known as “will trusts” or “testamentary trusts”.
Using trusts in estate planning can help protect assets for children, vulnerable beneficiaries, or to manage how and when inheritance is distributed. Trusts can also offer potential tax advantages, but they are subject to rules set out in laws such as the Inheritance Tax Act 1984.
There are several types of trusts that can be created by a will, including discretionary trusts, life interest trusts, and trusts for minors. Each type has its own rules about how assets are managed and who can benefit.
If you are considering including a trust in your will, or if you need to manage a trust after someone’s death, it’s important to understand the legal responsibilities involved. For a detailed guide on how trusts created by wills work, including the different types and practical steps for trustees, visit our dedicated page.
Family Rights and Responsibilities After Death
When someone dies, understanding the rights and responsibilities of family members is essential. In the UK, inheritance laws aim to protect close relatives such as spouses, civil partners, and children. If a valid will exists, the deceased’s wishes generally determine how their estate is shared. However, if there is no will, or if certain family members are left out, the law provides a safety net.
Rights of Spouses, Civil Partners, and Children
Spouses and civil partners usually have strong inheritance rights, whether or not a will is in place. Their legal status – explained further in our guide to marriage and civil partnership – can affect their entitlement to the estate. Children, including adopted children, also have rights to claim financial provision, especially if they were dependent on the deceased. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain family members and dependants to apply to court for reasonable financial support if they feel they have not been properly provided for.
Family Relationships and Estate Matters
Family relationships can have a significant impact on how an estate is managed. Changes in family circumstances, such as divorce and separation, may affect inheritance rights and the validity of existing wills. It’s important to update wills and estate plans after major life events to ensure your wishes are clear and legally valid.
Child Arrangements and Maintenance
After a parent’s death, decisions about child arrangements – such as who a child will live with – are guided by the best interests of the child. The Children Act 1989 sets out the legal framework for these decisions. Ongoing child maintenance responsibilities may also continue, and it’s important to understand how these are handled after a death.
Impact of Divorce, Separation, and Domestic Abuse
Situations involving divorce and separation can complicate inheritance and estate matters. Former spouses or partners may have reduced rights, but in some cases, they can still make claims under certain laws. If domestic abuse has been a factor, there are specific protections and support available – see our information on domestic abuse for help and guidance.
Support and Planning Ahead
Planning ahead can help avoid disputes and ensure your loved ones are protected. Setting up a power of attorney and mental capacity arrangement can make it easier for family members to manage affairs if someone loses the ability to make decisions before death.
For more detailed guidance on your specific situation, see our related guides and resources.
