How to make a British Will valid? Who gets the inheritance if there is no will?

Last month, something happened in the UK that is relevant to almost every family: Starting from July 13, 2026, the probate application fee will increase from £300 to £526, an increase of about 75%. Small estates under £5,000 are still free.

The cost is just a fraction of the cost. What really catches people off guard is that many Chinese families in the UK have never made a will at all - they always think that "you are still young", "the property is not much" and "it will be given to your wife and children anyway". But that's not how British law works.

If you don’t make a British will, who will own the inheritance?

If there is no valid will, legal inheritance (Intestacy Rules) will apply. Many people are stunned when they hear the division between England and Wales:

Spouse (or civil partner) + children: The spouse takes away personal belongings, head, £322,000, and the remaining part is divided equally between the spouse and the children.
spouse + no children: spouse gets everything.

See the problem? If the house is in one party's name and the total assets exceed £322,000, the minor children will automatically "take" a large chunk and the house may be forced to be disposed of.

What's even worse is the common-law partner. British law does not recognize "de facto marriage", and even if you have lived together for ten years, you will not have any inheritance rights. The only way for is to apply to the court for "reasonable financial support" in accordance with the Inheritance (Provision for Family and Dependants) Act 1975. It must also prove that they have lived together for two years. In principle, must sue within 6 months after the Grant of Probate is issued. This road is expensive and slow.

How to make a British Will valid? The witness level is the easiest to overturn.

According to Section 9 of the Wills Act 1837, a valid will must meet the following requirements at the same time: the testator must be over 18 years old, of sound mind, the will must be in writing, signed by me, and must be witnessed and signed by two witnesses at the same time, and each must sign in front of you.

There is only one most common mistake: allows the beneficiary or the beneficiary’s spouse to serve as a witness . In this case, the will itself is usually still valid, but the bequest to the witness will become invalid - the house that he worked hard to leave to his daughter is lost because the son-in-law signed it. Ask neighbors, colleagues, and friends to sign, not the person you want to inherit.

Another blind spot: getting married in will automatically revoke the previously made will (unless it is expressly stated in the will that it was made for this marriage). A divorce does not revoke a will, but your ex-spouse is deemed to have predeceased you. Therefore, once the marital status changes, the will will need to be reviewed.

UK inheritance tax: new rules for "global assets" for long-term residents

The basic exemption for inheritance tax is £325,000 (Nil Rate Band). If you leave your main home to your children or grandchildren, you can add an additional £175,000 (Residence Nil Rate Band). The excess tax rate is 40%. These two figures have been frozen until April 2030 , but house prices are rising - the number of families "dragged" into the inheritance tax net is increasing year by year. Transfers between spouses are generally tax-free, and unused amounts can be transferred to the surviving spouse.

For Chinese who have obtained permanent residence and are preparing to live long-term, the changes on April 6, 2025 are even more critical: the UK has abolished the concept of "domicile (tax residence)" and switched to the "Long-Term Resident" standard - if you have lived in the UK for 10 years in the past 20 tax years, your global assets (including domestic properties and deposits) will enter the scope of UK inheritance tax. Moreover, after leaving the UK, there is still a "tail period" of 3 to 10 years under the jurisdiction.

Families with real estate in China must figure this out in advance. If you are not sure whether you have become a long-term resident, you can spend £5 at justiscript.com to have a British licensed lawyer respond to a specific question in writing within 24 hours, which is more reliable than guessing on your own.

After making a will, you still need to do these 3 things

📌 tells the executor (Executor) where the original will is . If the original cannot be found, you may be legally presumed to have destroyed it.

📌 domestic and foreign assets are processed separately as . If you have assets in both China and the UK, you usually need to make separate wills, but the two documents must not revoke each other - if this sentence is not written well, it is easy for one to invalidate the other.

📌 reexamines every 3 to 5 years. Getting married, divorced, having children, getting permanent residence or naturalization, and buying a house are all points for a second look.

When it comes to making a will, the trouble is not whether to make it or not. Spend an afternoon doing it and you won't have to think about it for the next few decades.

This article is for reference only. Please consult a licensed attorney for specific questions. The probate fees and tax thresholds are subject to the latest announcement of GOV.UK.

[Data source] gov.uk/inherits-someone-dies-without-will; gov.uk/make-will; gov.uk/applying-for-probate

💬 Have you made a will in the UK? If you still have a house in China, how do you plan to arrange it - should China and the UK each have one, or should you just leave it alone? Let’s talk about where you are stuck in the comment section.

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