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Over 50s
Guide to wills and probate
Many people feel that it's important to organise their affairs before they die so that they have greater control over what happens to their property and belongings, as well as thinking about funeral plans.
Making a will
If you care about what happens to your property and possessions after your death, you should make a will. Although you don't have to, it's 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') that are binding.
Most living wills are written by older or seriously ill people, but you may want to consider writing one even if you're in good health.
What is probate?
An explanation of the term and how it affects you following the death of a relative or someone close.
Applying for probate
If you are an executor of someone's will you may need a legal document called a 'grant of probate' to enable you to sort out the deceased person's affairs. If there is no will, a close relative can apply for a 'grant of letters of administration'.
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). This information covers England and Wales only.
Dealing with a deceased person's money and property
After someone dies, someone (called the deceased person's 'executor' or 'administrator') must deal with their money and property (the deceased person's 'estate'). They need to pay the deceased person's taxes and debts, and distribute their money and property to the people entitled to it.
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