10 Wills and Probate

1. Introductions

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

This leaflet explains what the law says about how this should happen.

There is information on:

2. Why should I make a will?

3. What makes a will valid?

4. Who can be a witness?

5. What does an executor or administrator do?

6. What is probate?

7. Will I have to pay inheritance tax?

8. Who takes charge if there is no will?

9. Who gets the estate if there is no will?

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

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

12. What if there isn´t enough money to pay for the funeral?

13. What if there isn´t enough money to pay the person´s debts?

14. Terms used in wills and probate matters

15. Further help

16. About this leaflet

Dealing with someone's affairs when they die is often distressing. But it can also seem difficult and confusing. This can be made worse by unusual words and expressions that are used to describe who does what and the procedures when someone dies. See 'Terms used in wills and probate matters' for an explanation of many of these words.

The leaflets in this series give you an outline of your legal rights. They are not a complete guide to the law, nor do they explain how the law will apply to you or to any specific situation. The leaflets are regularly updated, but the law may have changed since this was printed, so information in it may be incorrect or out of date.

If you have a problem, you will need to get more information or personal advice to work out the best way to solve it. See ‘Further help’ for sources of information and advice.

This leaflet is published by the Legal Services Commission (LSC).

Leaflet version: January 2009

back to top