UK Wills & Probate Guide

Making a will and planning for what happens after death are important steps in managing personal affairs. A valid will ensures that assets are distributed according to the deceased’s wishes, while probate provides the legal authority to administer the estate. This guide explains the key processes involved in wills, codicils, probate applications, estate administration, and related legal considerations in the UK. It also covers how to amend a will, the rules that apply when there is no will, and the role of executors and attorneys. Whether you are preparing your own will or dealing with the estate of someone who has died, understanding these processes can help ensure that legal requirements are met and that the estate is handled correctly.

Codicils and will amendments

A codicil is a legal document used to make small changes to an existing will without rewriting the entire document. It must comply with the same formalities as a will, including being signed and witnessed in accordance with the Wills Act 1837. Codicils are commonly used to update beneficiaries, change executors, or alter specific gifts. For more detailed guidance on how to add a codicil, see How to add a codicil to a will. To review whether a later testamentary amendment has validly changed an existing will, refer to Codicil Amendment Check. For broader guidance on will formalities, see Wills testaments.

See also: How to add a codicil to a will (UK), Codicil Amendment Check (UK), Wills testaments (UK).

VetroCheck: wills codicil amendment check — structured document check (informational, not formal legal advice).

Probate applications

Probate is the legal process of administering a deceased person’s estate. To apply for probate, you typically need to submit the original will (if there is one), a death certificate, and an inheritance tax return. The process varies depending on the size and complexity of the estate. For step-by-step guidance on applying for probate, see Applying for probate. For a detailed checklist of the documents required, refer to Probate Application Check.

See also: Applying for probate (UK), Probate Application Check (UK).

VetroCheck: wills probate application check — structured document check (informational, not formal legal advice).

Donation Mortis Causa Check (UK)

A donation mortis causa, or deathbed gift, is a gift made by a person in contemplation of their impending death. For such a gift to be valid, the donor must have intended to make the gift, the property must have been delivered to the recipient, and the donor must have died. These gifts can pass outside the will or intestacy rules. For further details on how these gifts are assessed, see Donation Mortis Causa Check.

See also: Donation Mortis Causa Check (UK).

VetroCheck: wills donation mortis causa check — structured document check (informational, not formal legal advice).

Estate administration

Estate administration involves collecting the deceased’s assets, paying any debts and taxes, and distributing the remaining estate to the beneficiaries. Personal representatives, such as executors or administrators, are responsible for managing this process. For a detailed overview of the steps involved, see Estate Administration Check. To understand the procedural rules that govern estate administration, refer to Estate rules.

See also: Estate Administration Check (UK), Estate rules (UK).

VetroCheck: wills estate administration check — structured document check (informational, not formal legal advice).

Executor Removal Check (UK)

Executors have a legal duty to administer the estate in accordance with the will and the law. If an executor is failing in their duties or acting improperly, it may be possible to apply to the court for their removal. This process involves assessing the executor’s conduct and the impact on the estate. For further guidance, see Executor Removal Check.

See also: Executor Removal Check (UK).

VetroCheck: wills executor removal check — structured document check (informational, not formal legal advice).

Inheritance Provision Document Review (UK)

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain family members and dependants may be able to make a claim for reasonable financial provision from an estate if they believe the will does not adequately provide for them. Claims are assessed based on the claimant’s financial needs and the size of the estate. For more information, see Inheritance Provision Document Review.

See also: Inheritance Provision Document Review (UK).

VetroCheck: wills inheritance act claim check — structured document check (informational, not formal legal advice).

Intestacy Rules Check (UK)

If a person dies without a valid will, their estate is distributed according to the intestacy rules of the relevant UK jurisdiction. These rules set out a strict order of priority for who can inherit, starting with the deceased’s spouse or civil partner and children. For guidance on how intestacy rules apply, see Intestacy Rules Check.

See also: Intestacy Rules Check (UK).

VetroCheck: wills intestacy rules check — structured document check (informational, not formal legal advice).

Lasting Power of Attorney Check (UK)

A Lasting Power of Attorney (LPA) allows a person to appoint one or more attorneys to make decisions on their behalf if they lose mental capacity. There are two types of LPA: one for health and welfare decisions and another for property and financial affairs. For guidance on how to check an LPA is valid, see Lasting Power of Attorney Check.

See also: Lasting Power of Attorney Check (UK).

VetroCheck: wills lpa check — structured document check (informational, not formal legal advice).

Will Formalities Checklist (UK)

For a will to be legally valid, it must comply with strict formalities set out in the Wills Act 1837. These include requirements for signing, witnessing, and the testator’s mental capacity. A checklist can help ensure all necessary steps are followed. For a detailed checklist, see Will Formalities Checklist.

See also: Will Formalities Checklist (UK).

VetroCheck: wills validity formalities check — structured document check (informational, not formal legal advice).

Will Trust Document Review (UK)

A will may include provisions for trusts to manage how assets are held, controlled, or distributed to beneficiaries. Trusts can be used for tax planning, protecting assets, or providing for vulnerable beneficiaries. For guidance on reviewing will trust documents, see Will Trust Document Review.

See also: Will Trust Document Review (UK).

VetroCheck: wills trust document review — structured document check (informational, not formal legal advice).

Frequently asked questions

What is the difference between a will and a codicil?

A will is a legal document that sets out how a person’s estate should be distributed after their death. A codicil is a separate document used to make small changes to an existing will without rewriting it. Both must comply with the same formalities under the Wills Act 1837.

How do I apply for probate in England and Wales?

To apply for probate, you typically need to submit the original will (if there is one), a death certificate, and an inheritance tax return. The process depends on the size and complexity of the estate. Guidance is available in the Applying for probate and Probate Application Check resources.

What happens if someone dies without a will?

If a person dies without a valid will, their estate is distributed according to the intestacy rules of the relevant UK jurisdiction. These rules set out a strict order of priority for who can inherit, starting with the deceased’s spouse or civil partner and children.

Can an executor be removed from their role?

Executors have a legal duty to administer the estate in accordance with the will and the law. If an executor is failing in their duties or acting improperly, it may be possible to apply to the court for their removal. The process involves assessing the executor’s conduct and the impact on the estate.

What is a donation mortis causa?

A donation mortis causa, or deathbed gift, is a gift made by a person in contemplation of their impending death. For such a gift to be valid, the donor must have intended to make the gift, the property must have been delivered to the recipient, and the donor must have died.

Compliance note

This guide is provided for informational and educational purposes only. It does not constitute formal legal advice, does not create a solicitor-client relationship, and should be checked against current legislation, official guidance, and the facts of the specific case.