Wills, Power of Attorney & Probate UK 2026: The Complete Guide

Roughly six in ten UK adults still don’t have a will, and the assumption that everything will just “go to the family” can be a costly mistake. Under England & Wales intestacy rules, an unmarried partner — even one you’ve lived with for thirty years — receives nothing automatically. A surviving spouse with children only gets the first £322,000 of the estate plus half the rest. And if you’ve recently married, your existing will may already have been revoked without you realising it.

This guide walks through three connected pieces of UK estate planning in 2026: writing a valid will, setting up a Lasting Power of Attorney (LPA) so someone can act for you if you lose mental capacity, and understanding how probate works after death. Fees and thresholds have shifted recently — the OPG raised the LPA registration fee to £92 in November 2025, the probate fee sits at £300, and the inheritance tax nil-rate band stays frozen at £325,000 until April 2031 — so getting current information matters.

Key Takeaways

• Under England & Wales intestacy rules, unmarried partners inherit nothing automatically — only spouses, civil partners and blood relatives do.
• Getting married automatically revokes any existing will in England & Wales (this rule does not apply in Scotland).
• A Lasting Power of Attorney costs £92 per type to register with the Office of the Public Guardian in 2026 — far cheaper than a Court of Protection Deputyship if capacity is lost first.
• The probate court fee is £300 for estates over £5,000; nothing below that threshold.
• Inheritance tax thresholds (£325,000 nil-rate band plus £175,000 residence nil-rate band) are frozen until April 2031, dragging more estates into the 40% tax net.

Why You Need a Will (Even If You Don’t Think You’re “Wealthy”)

The rules of intestacy decide who inherits when there’s no valid will, and they rarely match what people actually want. In England & Wales, if you die leaving a spouse or civil partner and children, the spouse receives all personal possessions, the first £322,000 (the “statutory legacy”, set in July 2023), and then half of whatever is left. The other half is split equally between the children. If there are no children, the spouse inherits everything.

The biggest shock tends to hit unmarried couples. Cohabiting partners — no matter how long you’ve been together — are not recognised by the intestacy rules. They get nothing automatically and would need to pursue a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is slow, expensive and uncertain. Stepchildren you haven’t formally adopted are in the same position.

A second trap is marriage. In England & Wales, getting married (or entering a civil partnership) automatically revokes any will you made beforehand, unless that will was specifically drafted “in contemplation of” the marriage. If you marry and then die before making a new will, your estate is distributed under intestacy rules — which can leave children from a previous relationship with far less than you intended.

Will-Writing Options — DIY to Solicitor

DIY will kits

You can pick up a stationery-shop will kit for £10–£20, or download a template online for free. The Wills Act 1837 requirements are simple in principle — the will must be in writing, signed by you, and witnessed by two adults who are not beneficiaries (or married to a beneficiary) — but the failure rate is high. Common DIY errors include unclear wording, witnesses who are also beneficiaries (their gift is voided), missing residuary clauses, and signing in the wrong order. If the will is invalid, you’re back to intestacy.

Online will services

A new generation of providers offers guided online questionnaires that produce a printable will, usually checked by an in-house legal team. Pricing in 2026 typically sits between £90 and £160 for a single will, with mirror wills for couples in the £135–£250 range. Providers include Farewill (around £100 single, £160 couple, with optional £10/year update subscription), Beyond (from £90 single), Make A Will Online, WUHLD, and Co-op Legal Services. These services suit straightforward estates — one home, savings, named beneficiaries — but not blended families, business interests or trusts.

High-street and full-service solicitors

A face-to-face solicitor will typically charge £200–£600 for a simple single will and £300–£700 for mirror wills. Complex estates — second homes, business assets, trust structures, blended families — usually run £500–£1,500+. Look for solicitors who are members of STEP (Society of Trust and Estate Practitioners) for specialist estate-planning expertise. November’s Will Aid scheme and Free Wills Month (March and October, age 55+) offer routes to a solicitor-drafted will in exchange for a charity donation.

Lasting Power of Attorney (LPA) — Why It Matters Just As Much

A will only takes effect when you die. A Lasting Power of Attorney is what protects you while you’re still alive but no longer able to make decisions for yourself — after a stroke, dementia diagnosis, accident or other loss of mental capacity. Without one, your family cannot simply step in and manage your money or healthcare. They would have to apply to the Court of Protection for a Deputyship Order, which typically costs £1,000+ in fees and professional costs and can take six months or longer.

There are two separate LPAs in England & Wales:

• Property and Financial Affairs LPA — covers paying bills, managing bank accounts, collecting pensions, selling property. Can be used (with your permission) while you still have capacity.
• Health and Welfare LPA — covers medical treatment decisions, care home choices, life-sustaining treatment. Only kicks in when you’ve lost capacity.

Each LPA costs £92 to register with the Office of the Public Guardian as of November 2025 — so £184 for both types. If your gross annual income is under £12,000, you can apply for a 50% reduction (£46 per LPA). Those on certain means-tested benefits may qualify for a full fee exemption. Using a solicitor to draft your LPAs typically adds £200–£500 per LPA on top of the registration fee, although you can fill out the forms yourself on the GOV.UK Make a Lasting Power of Attorney service.

If you set up an Enduring Power of Attorney (EPA) before 1 October 2007, it remains valid but only covers property and financial affairs. EPAs cannot be made now — they were replaced by LPAs in 2007.

How to Set Up an LPA — Step by Step

1. Choose your attorneys. Pick one or more people you trust completely. You can have multiple attorneys acting “jointly” (all must agree) or “jointly and severally” (any can act alone). Name replacements in case your first choice can’t continue.
2. Decide on instructions and preferences. Instructions are legally binding rules (e.g. “my attorneys must consult my GP before any care home move”). Preferences are non-binding wishes.
3. Find a certificate provider. This is someone independent (a professional, or someone who has known you well for at least two years) who confirms you understand the LPA and aren’t being pressured.
4. Complete the forms. Use the GOV.UK online tool at lastingpowerofattorney.service.gov.uk or download paper forms LP1F (financial) and LP1H (health). Get them signed in the correct order: you, certificate provider, attorneys, then witnesses.
5. Send to the OPG with the £92 fee. The Office of the Public Guardian takes around 20 weeks to register an LPA in 2026. It is not legally usable until registered.
6. Store and notify. Tell your attorneys where the LPA documents are kept. Share the OPG “access code” with banks and your GP so they can verify the LPA when needed.

Probate — What Happens After Someone Dies

Probate is the legal process of confirming a deceased person’s will and giving the executor authority to deal with the estate. If there’s a valid will, the executor applies for a Grant of Probate. If there’s no will, the next of kin applies for Letters of Administration; the role is called “administrator” rather than executor, but the function is similar.

Probate is not always required. You may not need it if the estate is small (under about £5,000), if all assets were jointly owned and pass automatically to the surviving owner (joint bank accounts, joint tenancy property), or if individual financial institutions are willing to release funds on sight of a death certificate alone (each has its own threshold, often £15,000–£50,000).

The HMCTS probate court fee in England & Wales is £300 for estates over £5,000, and nothing for estates of £5,000 or less. The £300 fee is the same whether you apply yourself or via a solicitor — it’s a flat government charge. Additional certified copies of the Grant cost £1.50 each, and most executors order 5–10 because banks insist on originals.

Timelines have been a sore point. In 2026, straightforward probate applications typically take 4–16 weeks to be issued by HMCTS once everything is submitted correctly. After that, the executor has to collect assets, settle debts, pay any inheritance tax, and distribute to beneficiaries — so the full process commonly runs 6–12 months, and longer for complex estates or when property has to be sold.

You can do probate yourself for many estates, and the GOV.UK online probate application is fairly user-friendly. A solicitor typically charges either an hourly rate (around £200–£350/hour) or a percentage of the estate (1–5%, sometimes plus a fixed fee). For a £400,000 estate, a 2% solicitor charge would be £8,000 — a meaningful saving if family members can handle the paperwork themselves.

Inheritance Tax 2026/27 — Quick Reference

Inheritance tax (IHT) is charged at 40% on the value of your estate above your tax-free allowances. The headline thresholds for 2026/27 are:

• Nil-rate band: £325,000 per person — the first slice of any estate that’s tax-free.
• Residence nil-rate band (RNRB): additional £175,000 per person if you pass your main home to direct descendants (children, grandchildren, including adopted and step). Tapered by £1 for every £2 above a £2 million estate value.
• Combined allowance: up to £500,000 per individual, or £1 million for a married couple/civil partners (any unused allowance transfers to the survivor).
• Rate above thresholds: 40%, reduced to 36% if at least 10% of the net estate goes to charity.

Both the nil-rate band and RNRB are frozen until April 2031 (extended by a further year in the Autumn 2025 Budget). With house prices and asset values continuing to rise, more middle-income estates are being pulled into IHT — a phenomenon often called “fiscal drag”. Forthcoming reforms also tighten reliefs on agricultural and business property and bring most unused pension pots within the IHT net from April 2027, so anyone with a pension and a home worth more than £500,000 should review their planning.

Common Mistakes That Can Invalidate a Will

• Witnesses who are beneficiaries. The will stays valid but the gift to that witness (or their spouse/civil partner) is void.
• Only one witness, or witnesses not present together. You need two adult witnesses who watch you sign and then sign in your presence.
• Marriage after the will. Automatically revokes it in England & Wales unless the will was specifically made in contemplation of that marriage.
• Divorce. Doesn’t fully revoke the will, but treats your ex-spouse as having died on the date of the decree absolute — gifts to them and their appointment as executor fail.
• Unclear or contradictory wording. Especially in DIY wills — phrases like “to my family” or “to be shared fairly” cause disputes.
• Not updating after life events. New child or grandchild, house move, divorce, death of an executor — review your will every 3–5 years and after any major change.
• Lost or destroyed original. Only the original signed will is valid for probate. A photocopy alone may not be accepted.

Storage and Keeping Your Will Safe

Options for storing the original signed will:

• With your solicitor — typically free if they drafted it. Tell your executors which firm holds it.
• HMCTS Probate Service safe custody — the Principal Registry of the Family Division offers will storage for a one-off £20 fee in England & Wales.
• Online will services — most offer secure storage as part of an optional subscription (typically £10/year).
• At home — in a fireproof safe, with your executors knowing exactly where. Avoid loose drawers or a safe deposit box your executors can’t access without probate (a chicken-and-egg problem).

Never staple, paperclip or attach anything to the original — marks can raise questions during probate.

Scotland — How the Rules Differ

Scots succession law is distinctly different and is governed by the Succession (Scotland) Act 1964 as amended by the Trusts and Succession (Scotland) Act 2024:

• Marriage does not revoke a will in Scotland — a will made before marriage remains valid.
• Intestacy works through Prior Rights (for spouses/civil partners only): the family home up to £473,000, household contents up to £29,000, and a cash sum of £50,000 (or £89,000 if there are no children). Then Legal Rights apply to moveable property.
• Legal Rights can be claimed even when there is a will — a spouse can claim one-third (or half if no children) of the moveable estate, and children can claim a similar share. This means you cannot fully disinherit a spouse or child of their share of moveable assets in Scotland.
• Powers of Attorney in Scotland are Continuing Power of Attorney (finance) and Welfare Power of Attorney (health), registered with the Office of the Public Guardian (Scotland) for around £85.
• Confirmation is Scotland’s equivalent of probate, handled by the Sheriff Court.

If you live in Scotland, or own property there, get advice from a Scottish solicitor — English-jurisdiction wills don’t automatically work the same way.

Our Verdict — What to Do This Year

For most UK adults, the basic estate-planning package in 2026 is: a properly drafted will, a Property & Financial Affairs LPA, and a Health & Welfare LPA. For a straightforward estate done through an online provider, that’s roughly £100 for the will plus £184 for the two LPAs — under £300 in total, plus around 20 weeks waiting for OPG to register the LPAs.

If your situation is more complex — second marriage, children from a previous relationship, business interests, an estate over £500,000, or property in another country — pay for a solicitor with STEP credentials. The £500–£1,500 fee buys advice on inheritance tax planning, trusts, and wording that will actually do what you intend. Whatever route you take, the worst outcome is the same one most people end up with: doing nothing, and leaving the law to decide.

Frequently Asked Questions

Do I need a solicitor to write a will?

No. A will written using a DIY kit, an online service, or even on plain paper is legally valid in England & Wales as long as it meets the Wills Act 1837 requirements: in writing, signed by you with the intention of making a will, and witnessed by two adults who aren’t beneficiaries. For simple estates an online service often works well, but if your situation is complicated, a solicitor is worth the cost.

What happens if I die without a will?

Your estate is distributed under the rules of intestacy. In England & Wales, a surviving spouse or civil partner with children receives all personal possessions, the first £322,000, and half of the remainder; the other half goes to the children. Unmarried partners receive nothing automatically and would have to bring a court claim. Friends, stepchildren you haven’t adopted, and unmarried partners are all excluded.

How much does a Lasting Power of Attorney cost in 2026?

The Office of the Public Guardian charges £92 to register each LPA in England & Wales, so £184 for both the Property & Financial Affairs LPA and the Health & Welfare LPA. A 50% reduced fee (£46 per LPA) is available if your gross income is below £12,000, and full exemption applies on certain means-tested benefits. Solicitor drafting fees, if you use one, add £200–£500 per LPA.

When is probate not required?

Probate may not be needed if the estate is small (typically under £5,000), if all major assets were jointly owned and pass automatically by survivorship (joint bank accounts, joint tenancy property), or if banks and pension providers will release funds on a death certificate alone — each has its own threshold, commonly £15,000–£50,000. If property held in the deceased’s sole name needs to be sold or transferred, probate is almost always required.

How long does probate take?

In 2026, HMCTS typically issues a Grant of Probate within 4–16 weeks of a complete application. The wider process — collecting assets, paying debts and inheritance tax, distributing the estate — usually takes 6–12 months in total, longer if property has to be sold or the estate is contested. Delays often come from inheritance tax forms (form IHT400) rather than the court itself.

Does getting married affect my existing will?

Yes — in England & Wales, marriage or entering a civil partnership automatically revokes any will you made beforehand, unless that will was specifically drafted “in contemplation of” that marriage. This rule does not apply in Scotland. If you have remarried since making your last will, you almost certainly need a new one.

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