Question 1

What is the difference between a will and probate?

Accepted Answer

A **will** is a document. **Probate** is a process. One says what should happen; the other is the legal authority to make it happen.

**A will** is a legal document setting out who inherits what, who should administer the estate (the **executors**), and often who should look after any children. In England and Wales it must be in writing, signed by the person making it, and witnessed by two people who are not beneficiaries — a witness who inherits loses their inheritance, which catches people out.

**Probate** is the court process confirming a will's validity and granting the executors legal authority to deal with the estate. The document issued is a **grant of probate**. Banks, share registrars and the Land Registry will generally not release or transfer significant assets without sight of it.

**When there is no will**, the rules of **intestacy** decide who inherits, and someone applies for **letters of administration** instead — the same authority under a different name.

**Probate is not always required.** Small estates below a bank's own threshold, assets held as **joint tenants** (which pass automatically to the survivor outside the estate), and jointly held bank accounts often pass without it. Property held as **tenants in common** does not pass automatically and normally requires probate.

**Why probate takes so long.** Executors must identify all assets and debts, value the estate, deal with HMRC and pay any inheritance tax **before** the grant is issued — which creates the awkward position of needing money from the estate to unlock the estate. Straightforward cases commonly take six to twelve months; contested or complex ones far longer.

**Executors are personally liable** for distributing correctly, which is why they are cautious.

This is general information about England and Wales. Scotland uses different terminology and procedure. Take professional advice on a specific estate.

Question 2

What happens if someone dies without a will?

Accepted Answer

The rules of intestacy decide who inherits. These are fixed statutory rules, and they take no account of what the person would have wanted, what they said, or who actually depended on them. How it

Question 3

How do you actually make a will, and what makes one invalid?

Accepted Answer

A will must satisfy specific formal requirements, and failing any of them makes it invalid regardless of how clear your intentions were — which is why a large proportion of the difficulty around

Question 4

How to transfer property ownership?

Accepted Answer

Transferring property ownership involves methods like sale, gift deed, inheritance, trust transfer, and quitclaim deed. Each has unique legal implications.

Question 5

What happens to your debts when you die?

Accepted Answer

They are paid from your estate — the property and money you leave — and in most cases they do not pass to your family. The widespread fear that relatives "inherit debts" is usually wrong, with

Question 6

What is a trust, and why do people set one up?

Accepted Answer

A legal arrangement in which one person holds assets for the benefit of another — separating legal ownership from the right to benefit, which is the whole mechanism and the source of everything

Question 7

What is a coroner's inquest for?

Accepted Answer

An inquest is a public court hearing investigating a death. Its purpose is narrow and specific, and misunderstanding that narrowness causes considerable distress to families expecting something else.

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