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All Estate Planning Articles: Page 6

Every article we publish for England & Wales, newest first: articles 301 to 357 of 357. Prefer to browse by subject? Start from the topic hubs.

LPA Registration Delays UK: Typical Waits and FixesOPG registration times for Lasting Power of Attorney are running at 20+ weeks in 2026.
Using a Lasting Power of Attorney to Sell Property UKA registered Property & Financial Affairs LPA authorises an attorney to sell a house or other property in England and Wales.
LPA Validity UK: Checks Before You Rely on OneA lasting power of attorney can be revoked by the donor while they have capacity. · 9 min read
Mental Capacity and Wills UK: The Test That AppliesWhat testamentary capacity means in England and Wales, the four-part Banks v Goodfellow test, how dementia affects will-making, the Golden Rule. · 8 min read
Foreign Probate Recognition UKWhen a person dies overseas with assets in England and Wales, their foreign grant of probate may need to be resealed in England or a fresh English grant. · 9 min read
Mutual Wills and the Constructive Trust UKMutual wills create a constructive trust that prevents the surviving partner from revoking their will after the first death. · 9 min read
Mutual Wills Doctrine UK: When Wills Bind Each OtherMutual wills create a binding legal agreement that prevents the survivor changing their will after the first testator dies. · 9 min read
National Will Register UK: Is Registering Worth It?The National Will Register (Certainty) is the UK's largest will registration service.
Transferable Nil Rate Band UK: How to Claim ItHow to claim the unused nil-rate band of a deceased spouse or civil partner in England and Wales, the IHT402 form, the calculation, time limits. · 9 min read
Notice of Severance UK: Splitting a Joint TenancySevering a joint tenancy converts co-ownership from joint tenants (right of survivorship) to tenants in common (transmissible share). · 8 min read
Apply for Probate Online UK: HMCTS Step by StepStep-by-step guide to the HMCTS online probate service: applying for a grant of probate or letters of administration, tracking, and rejection reasons.
Overreaching UK: How Trust Interests Are ClearedOverreaching is the mechanism by which equitable interests in land are swept off the title and onto the proceeds when a purchaser pays capital money to two. · 8 min read
Partial Intestacy UK: When a Will Misses AssetsPartial intestacy occurs when a will fails to dispose of part of the estate, through a lapsed gift, a missing residuary clause.
Paying Inheritance Tax Before Probate UKYou must pay inheritance tax before you can get probate, but you can't access the estate's funds without probate.
Pension Death Benefits and IHT UKPension death benefits have historically been outside your estate for IHT.
Personal Representative Duties Timeline UKA practical month-by-month guide to the duties of an executor or administrator in England and Wales, from securing assets on death to final distribution. · 10 min read
Personal Representative vs Executor UK: Key Differences ExplainedExecutor or administrator, both are personal representatives, but how they are appointed and what they do differs. Here is the full explanation.
Powers of Appointment in a Will UKGeneral, special and hybrid powers of appointment explained, who holds them, how they are exercised in a will, IHT treatment. · 7 min read
Power of Attorney Financial Abuse UKAttorney financial abuse under a Lasting Power of Attorney is a serious form of elder abuse.
Precatory Trusts in a Will UK: Wishes vs DutiesWords like 'I wish', 'I hope', 'I desire' in a will do not automatically create a trust.
Probate Fees and Costs UK: What You Will Pay | WillSafeUnderstand the full cost of probate in England and Wales in 2026, HMCTS application fees, solicitor fees, estate agent fees.
How to Search the Probate Register in England & WalesA plain-English guide to searching the UK probate register, find out if a grant of probate has been issued, access the deceased's will.
Probate Timeline UK: How Long Does Each Stage Take?How long probate takes in England and Wales in 2026, stage-by-stage timeline from death registration to final distribution, current HMCTS processing times. · 8 min read
Protective Property Trusts UK: Care Fees and Your HomeWhat a protective property trust (property protection trust) does, how it differs from a nil-rate band discretionary trust, the care home fee planning limitation, and when HMRC challenges the arrangement. · 8 min read
Reading of the Will UK: The Myth and the RealityThere is no formal will-reading ceremony in English law. Here is what actually happens and what beneficiaries are entitled to know.
Rectification of a Will UK: Fixing Drafting MistakesA court can rectify a will under section 20 of the Administration of Justice Act 1982 if it fails to carry out the testator's intentions due to a clerical.
Republication of a Will UK: How Codicils Refresh WillsRepublication of a will by codicil re-dates the will as at the codicil's execution date. · 8 min read
Rule in Howe v Earl of Dartmouth UKThe rule in Howe v Earl of Dartmouth (1802) requires trustees of a residuary estate to convert wasting, hazardous. · 8 min read
The Rule in Strong v Bird UKHow appointing a donee as executor can perfect an incomplete lifetime gift, the four requirements, the Re Gonin limits, and estate planning implications.
Satisfaction and Performance UK WillsSatisfaction and performance are equitable doctrines that affect how will gifts interact with lifetime dealings in England and Wales. Full legal guide. · 7 min read
Saunders v Vautier UK: Ending a Trust EarlyThe rule in Saunders v Vautier allows beneficiaries who are adult, of full mental capacity. · 8 min read
Stamp Duty Inherited Property UK: SDLTInheriting property in England does not usually trigger Stamp Duty Land Tax, but there are exceptions.
Statutory Legacy on Intestacy UK 2024When someone dies without a will in England and Wales, the surviving spouse receives a statutory legacy of £322,000.
Survivorship and Deeds UK: How Joint Property PassesWhat a survivorship deed does, how to sever a joint tenancy and register the change at Land Registry, why couples use it for inheritance tax planning, and what happens to your will afterwards. · 7 min read
Joint Tenancy and Right of Survivorship UKJoint tenancy means property passes automatically to the surviving owner, bypassing your will.
Time Limits for Inheritance Claims UKInheritance claims in England and Wales are subject to strict time limits. The Inheritance Act 1975 gives claimants 6 months from the grant of probate. · 9 min read
Tracing Trust Assets UK: Recovering Misapplied FundsWhen trust assets are misapplied, beneficiaries can follow them into the hands of third parties using the law of tracing. · 9 min read
Trust and Estate Tax Return UKWhen a trust or estate needs to file an SA900 tax return in England and Wales, who is responsible, how to register with HMRC, deadlines, penalties. · 9 min read
Trust Beneficiary Rights UK: What Beneficiaries Can Demand From TrusteesBeneficiaries of UK trusts have important rights: to information, to accounts, to compel proper administration, and potentially to wind up the trust.
Trust Corporations UK: Professional Trustees ExplainedA trust corporation can act as sole executor or sole trustee without the need for a second trustee, overcoming the two-trustee rule. · 8 min read
Trust for a Disabled Person UKA disabled person's trust under section 89 IHTA 1984 provides significant IHT and CGT advantages when leaving assets to a disabled beneficiary.
Trusts of Land on Death UK: TOLATA BasicsWhen co-owned property is held as tenants in common and one owner dies, the surviving co-owner and the deceased's estate may have conflicting interests. · 9 min read
Trustee Act 2000 Investment Powers UKThe Trustee Act 2000 gives trustees a general power of investment equivalent to an absolute owner's. · 9 min read
Trustee Delegation UK: What Trustees Can Hand OverTrustees can delegate certain functions to agents, but must follow the rules in the Trustee Act 2000 and Trustee Delegation Act 1999. · 8 min read
Inheritance and Bankruptcy UK: What Creditors Can TakeIf a will beneficiary is bankrupt, their inheritance can be claimed by their trustee in bankruptcy.
Removing a Trustee Through the Court UK: The Process41 or its inherent jurisdiction where the trustee's continued appointment is harmful to the trust. · 8 min read
Trustee Duties and Powers UK: The Complete RundownTrustees in England and Wales must comply with the Trustee Act 2000. Learn about the duty of care, investment duties, power to delegate, duty to account.
Variation of Trusts Act 1958 UKThe Variation of Trusts Act 1958 allows the court to approve variations to trust terms on behalf of minors, unborn beneficiaries, and those lacking capacity. · 9 min read
Vesting of an Estate UK: When Assets Legally TransferUnder section 1 of the Administration of Estates Act 1925, all real and personal property of the deceased vests in the executor at the moment of death. · 8 min read
Void vs Voidable Wills UK: The Crucial DifferenceA void will is a nullity from the outset; a voidable will stands unless set aside by a court. · 8 min read
Vulnerable Beneficiary Trust UKA vulnerable beneficiary trust (also called a vulnerable person's trust or disabled person's trust) can protect an inheritance for someone with mental illness. · 9 min read
What Happens to Shares When Someone Dies UK | GuideWhat happens to shares when someone dies in the UK: valuation using the quarter-up rule, stock transfer vs transmission, ISA shares, AIM BPR relief, and notifying the registrar. · 8 min read
What Makes a Will Invalid UK: 7 Common MistakesLearn every ground that can make a will invalid in England and Wales, from failed execution under the Wills Act 1837 to lack of capacity, undue influence. · 8 min read
Will Dispute Costs UK: What a Challenge Really CostsContesting a will or defending contested probate can cost tens of thousands of pounds.
Where to Store a Will UK: Solicitor OptionsThe safest places to store a will in England and Wales, how to find a will held by a solicitor, the National Will Register (Certainty), and what to do if a will cannot be found. · 6 min read
Will Trusts for Minor Children UK: Protecting Inheritances for Under-18sAssets left to children under 18 are automatically held on trust. Here is how will trusts for minors work in England and Wales.
Writing a Will as a UK Expat: Assets in Two CountriesUK expatriates face complex will-writing issues: domicile of origin, foreign property, forced heirship rules, and whether a UK will is valid abroad.

Self-help information only. Articles on this blog are for general informational purposes and do not constitute legal advice. WillSafe UK is not a firm of solicitors. For complex estates, blended families, business assets or foreign property, please speak to a qualified solicitor.