ਵਸੀਅਤ ਅਤੇ ਉੱਤਰਾਧਿਕਾਰ
ਮੌਤ ਤੋਂ ਬਾਅਦ ਜਾਇਦਾਦ ਵੰਡ, ਵਸੀਅਤ ਦੀ ਵੈਧਤਾ ਅਤੇ ਬਿਨਾਂ ਵਸੀਅਤ ਦੇ ਨਿਯਮ।
ਜਾਣ-ਪਛਾਣ
Wills, probate and succession law governs the transfer of a deceased person's estate. A valid will allows a person (testator) to determine how their assets are distributed. Where no valid will exists, the intestacy rules under the Administration of Estates Act 1925 apply. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to challenge a will or intestacy where reasonable financial provision has not been made for them.
In Brief
A valid will in England & Wales must be in writing, signed by the testator, and witnessed by two independent witnesses present at the same time (Wills Act 1837, s.9). Without a valid will, the intestacy rules under the Administration of Estates Act 1925 apply — unmarried partners inherit nothing automatically. Probate (the grant confirming an executor's authority) is required to deal with most assets in the deceased's sole name.
ਮੂਲ ਸਿਧਾਂਤ
Testamentary Freedom — English law gives individuals broad freedom to dispose of their property as they wish by will, subject to the Inheritance Act 1975.
Formal Requirements — A valid will must be in writing, signed by the testator (or at their direction), and witnessed by two witnesses present at the same time (Wills Act 1837, s.9).
Testamentary Capacity — The testator must have the mental capacity to make a will (Banks v Goodfellow (1870)).
Knowledge and Approval — The testator must know and approve the contents of the will.
Revocation — A will is revoked by a later will, by destruction with intent, or by marriage (unless made in expectation of marriage).
Intestacy Rules — Where there is no valid will, the estate is distributed according to statutory rules favouring spouse/civil partner and close relatives.
Grant of Probate — The executor named in a will applies to the Probate Registry for a grant of probate, giving legal authority to administer the estate.
Inheritance Tax — Estates above the nil-rate band (currently £325,000) are subject to inheritance tax at 40%, with exemptions for transfers to spouses and charities.
ਮੁੱਖ ਐਕਟ
ਪ੍ਰਮੁੱਖ ਕੇਸ
ਆਮ ਸਥਿਤੀਆਂ
A parent leaves everything to charity
Adult children may claim under the Inheritance Act 1975 if they can show the will does not make reasonable financial provision for them. The court considers factors including the applicant's needs, the size of the estate, and the testator's reasons.
Dying without a will (intestacy)
Under the intestacy rules, a surviving spouse receives the personal chattels, the first £322,000, and half the remainder. Children share the other half equally. Unmarried partners receive nothing under intestacy, regardless of the length of the relationship.
Contesting a will on grounds of undue influence
A person may challenge a will by arguing that the testator was coerced or unduly influenced. The burden of proof is on the challenger. Unlike inter vivos transactions, there is no presumption of undue influence for wills — actual undue influence must be proved.
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Frequently Asked Questions
What happens if I die without a will in England and Wales?
If you die intestate (without a valid will), your estate is distributed according to the statutory intestacy rules under the Administration of Estates Act 1925. A surviving spouse or civil partner receives the personal chattels, the first £322,000, and half the remainder. Children share the other half. Unmarried partners, stepchildren, and friends receive nothing automatically.
Do I have to pay inheritance tax?
Inheritance tax (IHT) is charged at 40% on the value of an estate above the nil-rate band (currently £325,000). An additional residence nil-rate band (up to £175,000) applies when a main residence passes to direct descendants. Transfers between spouses/civil partners are exempt. Gifts made more than 7 years before death are free of IHT. Gifts to charity are exempt.
What is a grant of probate and when do I need one?
A grant of probate is an official document issued by the Probate Registry confirming the executor's authority to deal with the deceased's estate. It is needed to access bank accounts, sell property, and transfer assets held in the deceased's sole name. Some smaller assets (under about £5,000–£20,000 depending on the institution) can be released without probate. Applying for probate costs £273 (as of 2024) for estates above £5,000.
Can I challenge a will if I was not included?
You can challenge a will on grounds of lack of testamentary capacity (Banks v Goodfellow [1870]), lack of knowledge and approval, undue influence, or fraud. Alternatively, certain people — spouses, former spouses, children, and dependants — can apply under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision if the will or intestacy does not make adequate provision for them.
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