Let me first talk about the real structure that makes people nervous: May and her boyfriend have lived together in London for eight years, paying the mortgage and raising children together, and their relationship is as stable as a legal couple. Her boyfriend died suddenly and unexpectedly without leaving a will. May thought that the house and savings would be hers - but the lawyer told her: Under the laws of England and Wales, she might not get a penny.
This is not an isolated case. Many Chinese in the UK, especially families holding visas and waiting for permanent residence, avoid the matter of "making a will" as "it's too early" and "unlucky". But the rules of inheritance in the UK are far more cold and mechanical than in the country. Let’s talk about this thoroughly today.
What happens if there is no Will in the UK: the mechanical rules of legal succession (Intestacy)
If a person dies without a valid will, the estate will be distributed according to the Rules of Intestacy . Note: This set of rules does not look at feelings or who takes care of whom, only legal status relationships.
Taking "with a spouse + children" as an example, the distribution order is roughly: the surviving spouse/civil partner will take all personal chattels first + a statutory fixed amount (statutory legacy) £322,000 (the current amount from July 26, 2023) + half of the remaining estate; the other half will be divided equally among the children. If there are no children, the spouse usually gets the whole thing.
Key point: Even if you are married and have a will, the £322,000 line means that when the inheritance is large, the spouse will not "automatically get all", and the children will share part of it. This often disrupts the true wishes of remarried families and families with minor children.
Why cohabiting partners don’t get a cent: The biggest pitfall of British inheritance
Back to May at the beginning. England and Wales do not recognize "de facto marriage" - even if they have lived together for 30 years, raised children together, and repaid the mortgage together, unmarried cohabiting partners do not have any automatic inheritance rights under the rules of intestacy. The estate would bypass her and go to the deceased's children, parents or siblings.
The only remedy for cohabiting partners is to apply to the court for "reasonable financial support" in accordance with the Inheritance (Provision for Family and Dependants) Act 1975. But this requires a lawsuit and proof, and usually it is necessary to prove that lived together with the deceased for 2 consecutive years before his death. It’s time-consuming, expensive, and the results are uncertain.
The government is currently consulting on extending inheritance rights to "qualified cohabiting partners", but as of June 2026, the legislation has not yet taken effect. In other words, the only reliable way to protect a common-law partner now is a written will in black and white.
Making a valid UK will: 4 legal requirements
According to section 9 of Wills Act 1837, in order for a will to be recognized by law, it must meet the following requirements:
① written form (oral will is basically invalid); ② The testator signs himself, and has the intention to make the will effective; ③ When signing, two witnesses over 18 years old must be present at the same time; ④ Two witnesses must also sign in front of the testator.
Fatal detail: According to section 15, the beneficiary of or his spouse must not be a witness to - otherwise the gift to the beneficiary will be invalid. Therefore, never let your wife or son who inherits the property sign and witness it. In addition, starting from January 31, 2024, remote video witnessing is no longer allowed, and witnesses must be present in person.
Inheritance tax and spousal exemption: £325,000 threshold and Probate fees
The "nil-rate band" of inheritance tax (Inheritance Tax) is £325,000, and the excess is usually taxed at 40%. If you leave your home to your direct descendants, you can add "residence nil-rate band" to £175,000, up to a maximum of £500,000 for a single person. These two lines have been frozen until April 2031.
An important advantage for Chinese families: inheritance transfers between spouses/civil partners are usually completely exempt from inheritance tax , and the unused tax exemption can be transferred to the surviving spouse. The total amount of the couple can be up to £650,000, and even £1 million when matched with real estate. But please note - the exemption only applies to married or registered civil partners, and cohabiting partners do not enjoy .
To deal with an estate, you also need to go through probate. In England, when the estate is worth more than £5,000, the application fee is and £300 (free for £5,000 and below), with additional copies £16 each.
Special reminder for visas and permanent residents: Don’t let undetermined status drag down your inheritance
Many people think, "I haven't obtained permanent residence yet, so it's too early to talk about inheritance." Quite the opposite—it is during the transitional period of identity that one is most vulnerable. Three reminders:
First, cross-border assets must be sorted out . Assets in the UK are governed by British law, while domestic property deposits have different rules. It is best to arrange them separately to avoid conflicts. Second, "tax residence (domicile)" will affect the scope of taxation . The global assets of those who have settled in the UK for a long time may be included in the UK inheritance tax. Be sure to consult a professional on this matter. Third, if you and your partner are not married but are already living together, a will is the most practical protection for each other.
Tip: While keeping an eye on the number of days to leave the country on the way to apply for permanent residence, don’t forget to make “just in case” arrangements. You can use 永居计算器APP to calculate the exact number of days within 180 days of leaving the country. For estate planning, it is recommended to directly contact a licensed lawyer for customization. This article is for reference only. Please consult a licensed attorney for specific questions.
write at the end
Making a will is not about bringing bad luck into trouble, but about writing the four words "the one I love" into legally enforceable language. In the UK, without this document, the law will use a set of cold formulas to make the decision for you - and that result is often not what you want. A standard will, a few hundred pounds, and an hour or two, in exchange for a family that does not have to go to court in grief in the future.
💬 Let’s chat in the comment area: Have you and your family made a will in the UK? Did you hire a lawyer to do it, or did you use an online template? What pitfalls did you encounter during the process, and what struggles did you face? Leave your experience in the comment area to help more friends who have also settled in the UK.
If you find it useful, please forward it to your friends who are also applying for permanent residence in the UK and have not made a will yet - this may be the most important little thing you can do for them this year.
[Data source] GOV.UK Inheritance tax thresholds, Make a will, Applying for probate fees; Wills Act 1837 s.9/s.15 (legislation.gov.uk). The specific figures are subject to the latest announcement of GOV.UK.