What happens next: A family guide to Wills, Probate & Estates

What if you can’t find the Will?

A Will outlines your loved one’s wishes, who inherits, what happens to their property and money, and sometimes even their funeral preferences.

If you can’t locate the Will:

• Check at home, in a safe, or in a filing cabinet.
• Ask the bank or solicitor if they hold it.
• Contact the professional who prepared it.

If there is no Will, the estate is “intestate,” and legal rules determine who inherits. These rules may not reflect what your loved one would have wanted.

 “Without a Will, stepchildren or unmarried partners may not automatically inherit.”

What if you’re the executor?

Being an executor is a legal responsibility, but also an important way to honour your loved one’s wishes. Executors are responsible for:

• Applying for probate (official permission to manage the estate).
• Identifying and valuing assets and liabilities.
• Paying debts and taxes, including Inheritance Tax.
• Collecting assets and distributing the estate according to the Will.

Professional support is invaluable. Solicitors or licensed probate accountants can handle valuations, tax matters, and correspondence, reducing stress for you and the family.

What if there is no Will?

If your loved one didn’t leave a Will, the estate follows the Rules of Intestacy. Key points:

• Closest relatives can apply for letters of administration.
• Jointly owned property passes automatically to the surviving owner.
• Special rules apply for children of a predeceased relative.
• Stepchildren or unmarried partners usually have no automatic entitlement.

Professional guidance ensures the estate is administered fairly and legally.

What if you’re concerned about inheritance tax?

Inheritance tax (IHT) may apply to estates above certain thresholds. Important facts:

• Transfers to spouses or civil partners are generally tax-free.
• Married couples can combine allowances, including the Residence Nil-Rate Band.
• Giving 10% or more of the estate to charity may reduce the tax rate from 40% to 36%

A qualified professional can advise on trusts, exemptions, or other strategies to reduce tax liability.

What if you need support with funeral plans?

Even if a funeral was pre-planned, executors or family members may need to confirm arrangements, check the Will for instructions, and liaise with providers. Pre-paid funeral plans can simplify this process, but reviewing any related documentation is essential.

What if you feel overwhelmed?

Managing an estate can be daunting, with numerous tasks including paperwork, valuations, taxes, and correspondence. It’s normal to feel unsure or stressed. Support is available from:

• Solicitors or licensed probate accountants.
• Citizens Advice Bureau.
• Local Law Society or Institute of Professional Will Writers.

“Seeking guidance ensures your loved one’s wishes are honoured and protects you from mistakes.”

After a death, taking careful steps, including finding the Will, applying for probate, understanding inheritance rules, and seeking professional advice, ensures that your loved one’s wishes are respected and reduces the burden on family members.