10 Wills and Probate

1. Introduction

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?

By asking a funeral director to conduct the funeral, you make 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 estate to pay for the funeral. Otherwise, you should be willing to pay any part of the bill that won’t be covered by the estate.

If you need to arrange a funeral when there is not enough money in the estate to pay for it and you are receiving a means-tested benefit, you may be eligible for a Funeral Payment grant from the Social Fund. For more information about this, or to apply for it, contact your local Jobcentre Plus (listed in the phone book) and ask for form SF200.

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

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are regularly updated, but the law may have changed since this was printed, so information in it may be incorrect or out of date.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

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