Wills and Probate

• 01. Introduction

• When a person dies, someone has to deal with their affairs, and decide what will happen to the things they...

• 02. Why should I make a will?

• When you make a will, you can say how your funeral should be dealt with, and what will happen to your possessions and assets when you die. If you die without making a will (called 'dying intestate'), it can be complicated to work out who will get what. The...

• 03. What makes a will valid?

• For a person's will to be valid, they must be: 'mentally capable' (which means they fully understand what they are doing in writing their will); and at least 18 years old (though you can make a will if you are younger and on active military service). ...

• 04. Who can be a witness?

• Any person who is over 18 can sign as a witness. However, the witnesses should not be people who benefit from the will (or the husband or wife of one of these people). If you witness a will and you are named as someone who will benefit from it, you will lose...

• 05. What does an executor or administrator do?

• The executors are the people appointed in a will to deal with the estate of the person who has died. An administrator is the person who deals with the estate of a person who has died intestate (without a will). The executor or administrator may both be...

• 06. What is probate?

• Probate (or more specifically 'probate of the will') is an official form that gives the executors of the will the right to deal with the assets and property of the dead person. When you show the probate form to a bank, for example, they know they are dealing...

• 07. Will I have to pay inheritance tax?

• Whether or not you, as the executor, have to pay inheritance tax out of the estate depends on: how much the property and belongings of the dead person were worth when they died; the value of any trust from which the dead person benefited; the value of...

• 08. Who takes charge if there is no will?

• If you, as next of kin (or someone else with similar powers), believe that someone who has died has left a will, but no one can find it, you can take steps to find out if they made one. These can be: searching the belongings of the person who has died...

• 09. Who gets the estate if there is no will?

• All debts (including mortgages and other loans) must be repaid first, whether the dead person has made a will or not. After that, the Administration of Estates Act 1925 sets out who gets what in every situation where there is no will. Some of the more common...

• 10. What can I do if I think there is something wrong with the will?

• The most common reason for a will not being valid is when: the person who made the will did not get their signature witnessed; or the witnesses were not together when the will was signed. Also, if one of the witnesses is a beneficiary to the will,...

• 11. What can I do if I think the will is unfair?

• If you are not happy because you have been left out of a will altogether or because you have been left without 'reasonable financial provision', you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. But you can...

• 12. What if there isn't enough money to pay for the funeral?

• If you ask a funeral director to conduct the funeral, you have made a contract agreeing to pay for the funeral. This means that, if you are the executor or administrator, you should do this only after you have made sure that there is enough money in the...

• 13. What if there isn't enough money to pay the person's debts?

• When someone dies, their debts don't die with them. They have to be paid out of the person's estate. If you are administering an estate, you must make sure you have paid all the debts before you pay the beneficiaries. If you are not sure what the debts...

• 14. Terms used in wills and probate matters

• Administrator The person who deals with (administers) the estate of a person who has died intestate (without a will). Bequest A gift of a particular object (for example, an item of jewellery). Child In will or intestacy issues, a child of the...

• 15. Further help

• Probate Registries There are probate registries in cities and larger towns. The central enquiry line will tell you where your nearest registry is, and can also answer questions and send you information about applying for probate or letters of...