TRW & Co · Tax, Private Wealth & Family
Wills Solicitor in London: Wills and Estate Planning
A wills solicitor London families and business owners instruct makes sure the estate passes to the right people, with the least tax and the lowest risk of challenge. With inheritance tax bands frozen until 2031, business property relief capped from April 2026 and pensions entering estates from April 2027, many existing wills now need a fresh review.
Key pointMarriage or civil partnership generally revokes an existing will in England and Wales; the Law Commission has recommended abolishing that rule, but until Parliament acts, anyone who marries needs a new will.
At a glance
Two witnesses required
Under section 9 of the Wills Act 1837, a will must be signed or acknowledged before two witnesses present at the same time.
Intestacy fixed sum
For deaths since 26 July 2023, a surviving spouse with children takes the personal chattels, £322,000 and half the remaining estate.
Six-month claim window
Inheritance Act claims must normally be made within six months of the grant of representation, unless the court gives permission.
Bands frozen to 2031
The £325,000 nil-rate band and up to £175,000 residence nil-rate band are frozen until April 2031.
Reform still pending
The Law Commission's May 2025 report recommends electronic wills and other reforms; the government has not yet legislated.
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What a wills solicitor London clients instruct actually does
A wills solicitor London families, business owners and international clients instruct does far more than fill in a form. The job is to make sure your estate passes to the people you choose, in the shares and at the time you choose, with the least avoidable tax and the lowest risk of a dispute. That means checking the legal formalities, understanding your family and assets, and coordinating the will with trusts, pensions, business documents and any foreign property.
Estate planning covers wills and codicils, trusts created by will, guardianship of children, choice of executors and trustees, lifetime gifts, inheritance tax planning, lasting powers of attorney and letters of wishes. It also covers the practical side: where the original will is kept, what executors will need, and how the estate will pay any tax due within the deadline.
The need is often triggered by a life event: marriage, children, buying a home, starting or selling a business, moving to the UK or abroad, divorce, or a diagnosis. Many people put it off, which is why so many estates pass under the intestacy rules rather than the deceased's wishes.
The legal framework for wills in England and Wales
The formal rules are still set by the Wills Act 1837. Under section 9, a will must be in writing and signed by the testator, or by someone else in their presence and by their direction, and the testator must intend by the signature to give effect to the will. The signature must be made or acknowledged in the presence of two or more witnesses present at the same time, and each witness must then sign or acknowledge their signature in the testator's presence.
Other sections matter just as much. Under section 15, a gift to a witness, or to a witness's spouse or civil partner, is void, although the will itself stays valid. Under section 18, a marriage or civil partnership generally revokes an earlier will, unless the will was made in expectation of that particular marriage. Under section 18A, divorce or dissolution does not revoke the will, but the former spouse is generally treated as having died on that date. Section 20 sets out how a will can be revoked, including by a later will or by destruction with the intention of revoking it.
Capacity, knowledge and approval, and undue influence
The person making the will must have testamentary capacity: broadly, they must understand that they are making a will and its effect, the extent of their property, and the claims of those they might be expected to benefit. This test comes from the long-established case of Banks v Goodfellow. They must also know and approve the contents of the will, and must not be acting under undue influence or fraud. Where capacity may be questioned, a contemporaneous medical assessment is one of the strongest protections against a later challenge.
Claims against the estate
The Inheritance (Provision for Family and Dependants) Act 1975 allows spouses, former spouses who have not remarried, children, cohabitants of at least two years and others who were being maintained by the deceased to ask the court for reasonable financial provision. Under section 4, a claim must normally be made within six months of the grant of representation, unless the court gives permission. A well-drafted will, supported by a clear record of reasons, is the best defence.
Scotland and Northern Ireland
Scotland has its own law of succession. Scottish wills have different formal requirements, and spouses, civil partners and children have "legal rights" in movable property that cannot be defeated by a will. Northern Ireland has its own succession legislation. If you own property in more than one part of the UK, or are domiciled in Scotland, take advice on each system.
What happens without a will: the intestacy rules
If there is no valid will, the estate passes under section 46 of the Administration of Estates Act 1925. The outcome often surprises families, and every wills solicitor London clients consult will see examples of it.
| Family situation | Who inherits | Common surprise |
|---|---|---|
| Spouse or civil partner and children | Spouse takes personal chattels, a fixed sum of £322,000 (for deaths since 26 July 2023) and half the rest; children share the other half | A spouse may not inherit the whole family home |
| Spouse or civil partner, no children | Spouse takes the whole estate | Parents and siblings receive nothing |
| Children, no spouse | Children share equally, with the share of a child who died first passing to their children | Stepchildren who were not adopted receive nothing |
| Unmarried partner | No automatic entitlement | The partner may need to bring a court claim under the 1975 Act |
| No spouse, children, parents, siblings or other qualifying relatives | The estate passes to the Crown, the Duchy of Lancaster or the Duchy of Cornwall | Close friends and carers receive nothing |
Our article on the intestacy rules explains the order of entitlement in more detail.
Key decisions in drafting a will
Executors and trustees
Executors administer the estate; trustees manage any trusts the will creates. You can appoint family members, friends, professionals or a combination. For estates with businesses, foreign property or potential family tension, an independent professional executor alongside a family member can reduce conflict. Our guide to executor duties explains what the role involves.
Guardians for children
Parents with parental responsibility can appoint guardians for children under 18 in their will. Without an appointment, the court may have to decide. Consider who would bring the children up, and separately who would manage money left for them.
Outright gifts or trusts
Leaving assets outright is simple, but a trust in the will can protect a surviving spouse while preserving capital for children from an earlier relationship, keep money away from a young or vulnerable beneficiary, or shield inheritances from a beneficiary's divorce or insolvency. Our trusts team advises on the right structure.
Using the inheritance tax allowances
The inheritance tax nil-rate band is £325,000 and the residence nil-rate band is up to £175,000 where a home passes to direct descendants, tapered for estates over £2 million. Both are frozen until April 2031. Unused bands can transfer to a surviving spouse or civil partner. Leaving 10% or more of the net estate to charity reduces the rate on some assets from 40% to 36%. Our article on inheritance tax planning covers lifetime options.
Business owners
From 6 April 2026, business and agricultural property relief at 100% applies only to the first £2.5 million of qualifying property, with 50% relief above that, and any unused allowance can pass to a surviving spouse or civil partner. Wills that leave everything to a spouse may waste the first spouse's allowance unless carefully drafted. The will should also align with the company's articles and any shareholder agreement, which may restrict who can inherit shares.
Your will cannot deal with everything. Jointly owned property held as joint tenants passes automatically to the survivor, and pensions and life policies written in trust pass according to nominations and trust deeds. A wills solicitor London clients trust will review these alongside the will so that the whole estate plan fits together.
How a wills solicitor London clients instruct prepares a will
- Initial meeting. We discuss your family, your wishes, your assets and where they are located, and any concerns about capacity, family disputes or foreign law.
- Information gathering. You complete a questionnaire and provide details of property, investments, pensions, business interests and existing wills, including any made abroad.
- Advice. We advise on structure, inheritance tax, the choice of executors and guardians, and any risk of a claim under the 1975 Act.
- Drafting. We prepare the will and, where useful, a letter of wishes to guide trustees, explaining the drafting in plain English.
- Signing. We supervise execution so that the section 9 formalities are met, with independent witnesses who do not benefit.
- Storage. The original is stored securely, and you tell your executors where it is. The Probate Service also offers a storage facility.
- Review. We recommend reviewing the will at least every five years and after any marriage, divorce, birth, death, move abroad, business transaction or Budget that changes the rules.
Documents to bring
- Any existing wills and codicils, from the UK and elsewhere.
- Details of property, including whether jointly owned property is held as joint tenants or tenants in common.
- Bank, investment and pension statements, with current nominations.
- Life insurance policies and any trusts they are written into.
- Company articles, shareholder agreements and partnership or LLP agreements.
- Marriage, civil partnership or divorce papers and any nuptial agreement.
- A note of significant lifetime gifts made in the last seven years.
- Details of foreign assets, such as title deeds and records for property in Bangladesh.
- Names and contact details of proposed executors, trustees and guardians.
Risks and common mistakes
Home-made wills that fail on formalities
The most common reason for an invalid will is incorrect signing or witnessing. Both witnesses must be present when the testator signs or acknowledges the signature, and each must then sign in the testator's presence. A witness who is a beneficiary, or married to one, loses the gift. Alterations made after signing are usually ineffective unless separately executed. Errors may only come to light after death, when the testator cannot fix them, leaving an earlier will or the intestacy rules to apply instead.
Forgetting that marriage revokes a will
Under section 18 of the Wills Act 1837, marriage or civil partnership generally revokes an existing will. Many people do not know this, and new spouses can inherit under intestacy in a way that cuts out children from an earlier relationship. A will can be made in expectation of a particular marriage to avoid revocation. The Law Commission has recommended abolishing the rule, but the government has not yet adopted the recommendation, so the current law still applies.
Leaving out a dependant without explanation
Adult children, former spouses, cohabitants and others who were being maintained by the deceased can claim reasonable financial provision under the 1975 Act. Excluding someone does not prevent a claim, but a clear, contemporaneous statement of reasons, kept with the will, helps the executors and the court understand the decision. The risk is greatest where a claimant was financially dependent or where a cohabitant is excluded. Our article on Inheritance Act claims explains the tests.
Capacity doubts not addressed at the time
Where the testator is elderly, unwell or making a significant change from earlier wills, a later challenge on grounds of capacity, knowledge and approval or undue influence is more likely. Professional practice is to obtain a contemporaneous medical assessment of capacity, to see the testator alone, and to keep detailed attendance notes. These steps cost little at the time and can save an estate from years of litigation. Our contentious probate team sees the consequences when they are missed.
One will for assets in several countries
A single English will may not be recognised, or may be impractical, for assets abroad. Some countries apply forced heirship or religious succession rules to land within their territory. Conversely, a later foreign will can accidentally revoke an English will if it contains a general revocation clause. Where assets are in several jurisdictions, coordinated wills, each limited to assets in that country and drafted with local lawyers, are usually the safer approach.
A will is only as good as the day it is read. The time to test it against your family, your assets and the current law is while you can still change it.
Reform: what may change in the law of wills
In May 2025 the Law Commission published its final report on modernising wills law, with a draft Bill to replace the Wills Act 1837. Its recommendations include allowing electronic wills that meet reliability standards, giving courts a power to recognise a will that does not meet the formalities where the deceased's intentions are clear, applying the Mental Capacity Act 2005 test to testamentary capacity, lowering the minimum age for making a will to 16, and abolishing the rule that marriage revokes a will.
These are recommendations, not law. In a parliamentary debate in June 2026 the government said it was considering the report and would respond in due course, without committing to a timetable. Until legislation is passed, wills must comply with the existing rules, and a will made on a tablet or witnessed remotely should not be relied on.
Cross-border wills: Bangladesh, the EU, the Gulf and Asia
Bangladesh
For British Bangladeshi families, the interaction between English law and Bangladeshi personal law is often the most important issue. Succession for Muslims in Bangladesh generally follows Islamic inheritance rules, with fixed shares for heirs and limits on how much can be left by will, while Hindu and other communities follow their own personal law. Land in Bangladesh is generally governed by Bangladeshi law regardless of where the owner lives. A UK will may not override those rules for Bangladeshi land, but that land may still be within UK inheritance tax if the owner is a long-term UK resident.
A wills solicitor London clients rely on should coordinate both systems. See our UK–Bangladesh succession team and our article on a UK will with Bangladesh assets; TRW & Co's Dhaka, Chattogram and Sylhet offices assist with local documents.
The EU, the Gulf, Singapore and China
Many EU countries apply the EU Succession Regulation, which allows a person to choose the law of their nationality to govern succession; the UK did not adopt it, but UK nationals with EU property may still be able to make that choice. In the UAE, non-Muslim residents can register wills through specific registries, and otherwise default rules may apply. Singapore and China have their own probate and recognition procedures. Our international private client team coordinates with TRW & Co colleagues in Singapore, Dubai and China.
How TRW & Co helps with wills and estate planning
Our London office is authorised and regulated by the Solicitors Regulation Authority. Every wills solicitor London clients meet in our team works within a firm that also handles tax, trusts, family and cross-border disputes.
Wills and codicils
We prepare wills tailored to your family and assets, including trusts for children, life interest trusts for second marriages and clauses for business property, and supervise signing.
Inheritance tax planning
We structure wills to use the nil-rate bands, residence nil-rate band and the £2.5 million business and agricultural relief allowance, and advise on lifetime gifts.
International estates
We prepare coordinated wills for clients with assets in Bangladesh, the EU, the Gulf and Asia, working with TRW & Co offices and local counsel.
Lasting powers of attorney
We prepare and register lasting powers of attorney so that trusted people can act if you lose capacity, alongside your will. See our powers of attorney team.
Probate and administration
When a death occurs, our probate team helps executors obtain the grant, deal with inheritance tax and distribute the estate.
Disputes
We advise on will challenges and Inheritance Act claims, whether bringing or defending them. Where advocacy in the higher courts is required, we instruct specialist counsel.
See also our private client page and the full list of our practices.
Checklist for decision-makers
- Do you have a valid will, and has it been reviewed in the last five years?
- Have you married, entered a civil partnership or divorced since you made it?
- Have you appointed guardians for children under 18?
- Does the will use both spouses' nil-rate bands, residence nil-rate bands and business relief allowances?
- Do your company documents allow shares to pass as your will intends?
- Are pension nominations and life policies consistent with the will?
- Do you own property abroad, and is there a local will for it?
- Have you recorded reasons for excluding anyone who might claim?
- Do you also have lasting powers of attorney?
To speak to a wills solicitor London clients can meet in person, contact our office at info@trw.co or on +880 1779 127165, at Holborn Gate, 330 High Holborn, London WC1V 7QH.
Frequently asked questions
01What makes a will legally valid in England and Wales?
The will must be in writing and signed by you, or by someone else in your presence and at your direction, intending to give effect to it. You must sign or acknowledge your signature in the presence of two witnesses present at the same time, and each witness must sign in your presence. You must be 18 or over, have testamentary capacity, know and approve the contents and act freely. A witness, or their spouse, should not benefit under the will.
02Does getting married cancel my will?
Generally yes. Under section 18 of the Wills Act 1837, marriage or civil partnership revokes an existing will unless it was made in expectation of that particular marriage and intended to survive it. Divorce does not revoke a will, but a former spouse is generally treated as having died on the date of the divorce. The Law Commission has recommended abolishing revocation on marriage, but the law has not yet changed.
03What happens if I die without a will?
Your estate passes under the intestacy rules. If you leave a spouse or civil partner and children, your spouse takes your personal chattels, a fixed sum of £322,000 and half the rest, and your children share the other half. An unmarried partner has no automatic right to inherit and may need to bring a court claim. Without a will, you also cannot appoint guardians or choose who administers your estate.
04Can someone challenge my will?
Yes, in two main ways. A will can be challenged as invalid, for example for lack of capacity, lack of knowledge and approval, undue influence or defective signing. Separately, certain family members and dependants can claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, normally within six months of the grant. Good drafting, capacity evidence and a written record of reasons reduce the risk.
05How often should I update my will?
Review your will at least every five years and after any major change: marriage or civil partnership, separation or divorce, the birth of a child or grandchild, a death among your beneficiaries or executors, buying or selling a home or business, moving abroad, or a Budget that changes inheritance tax reliefs. The 2026 changes to business and agricultural property relief and the 2027 changes for pensions are good reasons to review now.
06Can I make a will electronically or have it witnessed by video?
Not reliably under current law. The Law Commission recommended in May 2025 that electronic wills be allowed where they use a reliable system, but those recommendations have not been enacted. Until Parliament legislates, you should sign a paper will in the physical presence of two witnesses. A will that does not meet the formalities may be invalid, leaving an earlier will or the intestacy rules to apply.
07How can TRW & Co help with my will?
Our London office, regulated by the Solicitors Regulation Authority, prepares wills, trusts and lasting powers of attorney, advises on inheritance tax and business relief, coordinates wills for assets in Bangladesh and other countries, and supports executors with probate. We also advise on will disputes. Contact us at info@trw.co to arrange a meeting at our Holborn office.
Sources and official materials
- Wills Act 1837 — Formalities, revocation and gifts to witnesses
- Inheritance (Provision for Family and Dependants) Act 1975 — Claims by family and dependants
- Administration of Estates Act 1925 — Intestacy rules
- Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 — £322,000 statutory legacy from 26 July 2023
- Making a will — GOV.UK guidance on valid wills and updates
- Inheritance Tax — Thresholds, rates and gifts
- Law Commission: Wills — Reform recommendations and draft Bill
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.