Legal support
Wills, probate and tax
All issues surrounding wills, inheritance, tax and the winding up of the affairs of the deceased can be very complicated and can differ from person to person.
Many of these issues need some form of legal advice, either from a solicitor, the
Information on Wills and probate
Please see the information on wills and probate on the Directgov website. You'll find detailed information on:
Making a will
By making a will you can decide what happens to your property and possessions after your death. Although you don't have to make one by law, it is the best way to make sure your estate is passed on to family and friends exactly as you wish. If you die without a will, your assets may be distributed according to the law rather than your wishes.
How to make a living will
Every adult with mental capacity has the right to agree to or refuse medical treatment. To make your advance wishes clear you can use a living will. Living wills can include general statements about your wishes, which aren't legally binding, and specific refusals of treatment called 'advanced decisions' or 'advance directives'.
What to do if there is no will
If someone dies without making a will, they are said to have died 'intestate'. If this happens, the law sets out who should deal with the deceased's affairs and who should inherit their estate (property, personal possessions and money).
What is probate?
'Probate' is a term commonly used when talking about applying for the right to deal with a deceased person's affairs (called 'administering the estate').
Sorting out someone's tax affairs after they die
When someone dies it's important to sort out their tax and National Insurance as soon as possible. There may be tax to pay or a rebate due. The 'personal representative' (that is, the executor or administrator) sorts out the deceased person's tax affairs, as well as the rest of the estate.
Debts owed to the deceased
When someone dies, any money owed to them is counted as part of their 'estate' (everything they own or are owed less anything they owe). It's the responsibility of the executor (if there is a will) or administrator (if there is no will) to collect debts owed to the deceased.
