What steps should you take after someone has passed away?

After a person passes away, the first steps involve registering the death and obtaining the death certificate. Once this has been completed, funeral arrangements can be made.

The next stage is to submit an application to the Probate Registry. If the deceased left a valid will, the named executor may apply for a Grant of Probate, which gives them the legal authority to administer the estate.

If there is no valid will, the process is more complex. In those circumstances, an appropriate family member must apply to the Probate Registry for a Grant of Letters of Administration.

What is a grant of representation?

A grant of representation is a legal document issued by the Probate Registry in England and Wales. It authorises the executor or administrator (together referred to as the personal representatives) to manage and administer the estate of a deceased person.

There are two primary types of grant of representation:

• Grant of Probate – issued where the deceased left a valid will naming executors who are willing to act.
• Grant of Letters of Administration – issued where there is no valid will. This provides the legal authority for the personal representatives to deal with the deceased’s financial affairs.

What do you need to do before applying for a grant?

Before applying for a grant of representation, the personal representatives must take several important steps. First, they must identify all assets and liabilities and determine the total value of the estate. This includes:

• checking bank account balances
• valuing property and personal possessions
• identifying investments
• assessing any debts or liabilities (such as credit card bills) as at the date of death

If the total estate exceeds the inheritance tax nil-rate band (£325,000 for the 2025/26 tax year), the personal representatives must submit a full account of the estate to HMRC and pay any inheritance tax due.

Once these steps have been completed, the application for the grant of representation can be submitted to the Probate Registry.

Is a grant necessary? How do you apply for the grant?

A grant of representation is required in most estates, particularly where the estate includes real property (such as a house or land), significant funds held in bank accounts, or investments such as stocks and shares.

Banks, the Land Registry, and other institutions usually require formal proof of authority, provided by the grant, before they will release or transfer the deceased’s assets.

To apply for the grant, the personal representative must complete the appropriate application form, submit the original death certificate, and provide the original will (where one exists). Once the application is approved, the Probate Registry will issue the grant, which authorises the personal representative to manage and distribute the estate.

Does inheritance tax need to be paid before the application for a grant of representation?

Yes. Any inheritance tax (IHT) liability must be paid before the Probate Registry will issue a grant of representation.

The personal representatives are responsible for declaring and paying any inheritance tax due. Once payment has been made, HMRC issues a unique reference code, which must be included in the application to the Probate Registry. This confirms that the tax obligations have been satisfied and enables the grant application to proceed.

Accordingly, IHT must be settled before the IHT account can be submitted as part of the probate process.

Is it correct to think of inheritance tax as a death tax?

It is not entirely accurate to think of inheritance tax as a “death tax”. Although it is commonly associated with the deceased’s estate, such as property, money, and possessions, inheritance tax (IHT) can also apply to certain transfers made during a person’s lifetime.

For IHT purposes, the value of a transfer is assessed using the “loss to donor” principle, meaning the tax is based on the reduction in the donor’s estate resulting from the transfer. Chargeable transfers therefore include both lifetime gifts and transfers made on death.

Certain exemptions apply. For example, arm’s-length transactions (such as commercial sales) are generally outside the scope of IHT. In addition, maintenance payments or gifts made to support a spouse or child are typically not treated as transfers of value.

What are potentially exempt transfers (PETs)?

Potentially exempt transfers (PETs) are gifts made during a person’s lifetime that may become exempt from inheritance tax provided the donor survives for seven years after making the gift. While the donor remains alive, no immediate inheritance tax liability arises.

If the donor survives the full seven-year period, the gift becomes fully exempt from inheritance tax, regardless of its value. However, if the donor dies within seven years, the gift is treated as a chargeable transfer and may attract tax depending on the value of the estate and any available exemptions.

It is important to note that a gift will not qualify as a PET if the donor continues to benefit from the asset after giving it away, for example gifting a property but continuing to live in it rent free. Such arrangements are treated as “gifts with reservation of benefit” and remain subject to inheritance tax even if the donor survives the seven-year period.

What is the inheritance tax nil-rate band?

Each individual is entitled to a tax-free allowance, known as the nil-rate band. As of the 2025/26 tax year, the nil-rate band is set at £325,000.

• any part of the estate that falls within this threshold is taxed at 0%
• the portion of the estate that exceeds the nil-rate band is generally taxed at 40%

What should I do if my relative passes away without leaving me any inheritance in the will?

If a relative passes away and you have not been included in their will, you may still have legal options, depending on your relationship and circumstances.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may apply to the court for financial provision from the estate if they have not been adequately provided for. Eligible applicants include spouses or civil partners, former spouses or civil partners (provided they have not remarried), cohabitants who lived with the deceased for at least two years, children or those treated as children of the family, and individuals who were wholly or mainly financially dependent on the deceased.

It is important to understand that the Act is not designed to compensate disappointed beneficiaries, but to ensure that dependants receive reasonable financial provision where needed.

What are the conditions for making a claim under the Inheritance (Provision for Family and Dependants) Act 1975?

To bring a claim under the 1975 Act, the following requirements must be met:

1. the deceased must have been domiciled in England or Wales at the date of death
2. the claim must be brought within six months from the date of the grant of representation
3. the applicant must fall within one of the categories listed in the section above

The Court will consider a range of factors, including:

• the financial needs and resources of the applicant and any other beneficiaries
• the deceased’s obligations and responsibilities towards the applicant or others
• the size and nature of the net estate
• any disabilities (physical or mental) affecting the applicant or others involved

Each case is determined on its own facts, and outcomes will vary depending on individual circumstances.

How much do you charge for the application for a grant of representation?

Our fees depend on the complexity of the estate. We charge an hourly rate of £300 plus VAT.

The overall cost will vary depending on the size and nature of the estate, the number and complexity of the assets and liabilities, and whether any legal issues or challenges arise during the application process.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Most people who contact a solicitor about contesting a will are not being greedy. They are hurt, they are confused, and they believe something went wrong. Sometimes they are right. But there is a significant gap between believing a will is wrong and being able to prove it in court. A High Court decision from earlier this month – Woolfson v Woolfson [2026] EWHC 613 (Ch) – shows just how wide that gap can be.

Written by Yi Ling Lio, Legal Assistant

Unfairness is not a ground of challenge

English law does not require a will to be fair. A parent can leave everything to one child and nothing to the others, and as long as the will was validly made, that is their right. In Woolfson v Woolfson and others [2026] EWHC 613 (Ch), a mother (Ms Banks) had been estranged from her daughter Karen for about fifteen years. None of the wills she made during that period left Karen anything of real significance – and she made at least fourteen of them between 2006 and 2018, the majority with the help of solicitors. The final wills, signed in June 2018, appointed Karen’s brother Adrian as executor and residuary beneficiary. Karen received a legacy of £100,000. She challenged the will on almost every ground available. The court threw the whole thing out.

Testamentary capacity

For a will to be valid, the person making it must have understood what they were doing  – what they owned, who might reasonably expect to benefit, and whether any condition was affecting their judgment. All four elements come from  Banks v Goodfellow (1870), still applied today.

It is worth saying upfront: a dementia diagnosis does not automatically mean a person lacked capacity. That is probably the most common misconception people have when they come to us about a will.  The threshold is a lower bar than people tend to assume. A person does not need to be in perfect mental health. They need to clear the threshold at the time they sign – not before, not after.

Karen argued that the sheer number of wills her mother made showed confusion, and pointed to a reference to vascular dementia on the death certificate. The court reviewed the full medical records. Ms Banks had experienced depressive episodes throughout her life, but nothing in those records suggested her capacity was ever affected. A GP and mental health specialist who assessed her in April 2018 – weeks before the will was signed – raised no concerns. A note on a death certificate written more than five years later could not overrule that.

What matters is the evidence from around the time the will was signed. That distinction trips up more claims than almost anything else.

Knowledge and approval

Even where capacity is established, the person must also have known and approved the contents of their will. But where a solicitor drafted it, the law presumes this unless something genuinely suspicious comes to light.

Ms Banks gave detailed, clear instructions to her solicitor at Irwin Mitchell. The firm’s file included affidavits confirming due execution and a photographic record of the signing. Karen had nothing concrete to set against that. The presumption held.

This is the reality of challenging a professionally drafted will: you are not just arguing with the family, you are arguing against a paper trail created by lawyers whose job was to get it right.

Undue influence

This is the ground that comes up most often in families and almost always fails. People hear “undue influence” and think it covers emotional pressure, manipulation, or a sibling being the favourite. It does not. In the context of wills, it requires proof of actual coercion – the person’s free will must have been overborne so that the document reflects someone else’s wishes entirely. The test from Re Edwards [2007] draws the line at coercion that actually overpowers the person’s own judgment. A child who visits more often, helps manage finances, or suggests what the parent should do with their estate is not exercising undue influence. Even persistent nagging is not enough. What the court needs to see is that the person was effectively stripped of their ability to decide freely – that they signed not because they wanted to but because they felt they had no choice.

Karen alleged that Adrian, together with her father and stepmother, had coerced Ms Banks over ten years. During that entire period, Ms Banks had seen numerous independent solicitors, none of whom noticed anything wrong. The court called the allegation hopeless. Sustained coercion that somehow goes undetected by multiple legal professionals across multiple visits over a decade was simply not credible.

Fraud and forgery

Karen also alleged fraud and forgery.  To succeed, the court would have had to accept that multiple defendants and several independent law firms had been knowingly participating in a coordinated fraud over a period of years. Not one of those professionals had raised a concern at any point. The court called the allegation fanciful.

Historical claims

She separately relied on documents dating back to 1954 – an antenuptial contract, a trust deed from 1965, her grandfather’s will – to argue she had a long-standing entitlement to property. The court found these claims incoherent. No trust was identified with any certainty, and the financial settlement Ms Banks reached on divorce in 1981 was inconsistent with any ongoing trust interest.

Before instructing solicitors

Contesting a will is expensive, slow, and emotionally draining. It also carries real financial risk. Probate disputes are litigated in the High Court, and costs can escalate quickly. Even a relatively straightforward contested probate claim can run into tens of thousands of pounds in legal fees, and complex cases go well beyond that. If you lose, you will usually be ordered to pay the other side’s legal costs on top of your own – and even if the court orders costs to come out of the estate instead, that reduces what everyone receives, including you.

The single most important question to ask before starting is whether you have actual evidence – not suspicion, not a feeling – that something went wrong with how the will was made. A medical record from around the time of signing. A witness who saw something concerning. A concrete reason to think the person did not understand what they were doing.

If that evidence exists, get legal advice early. But if the real issue is that the will feels unfair rather than invalid, there is a different route worth knowing about. Under the Inheritance (Provision for Family and Dependants) Act 1975, children of the deceased can apply for reasonable financial provision from the estate regardless of what the will says. The test is not whether the will was properly made but whether it makes reasonable provision for the applicant. Karen did not take that route – her case was entirely about attacking the will itself – but for many people it is the more realistic claim. A solicitor can help you work out which route makes sense, or whether either does.

Woolfson is a reminder that stacking up multiple weak arguments does not make a strong case.  If you are thinking about contesting a will, the best thing you can do is get honest advice early on whether the evidence is actually there.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted individuals (known as your “attorneys”) to make decisions on your behalf if you lose the ability to do so yourself in the future.

Written by Aurora Chan, Legal Assistant

The Two Types of Lasting Powers of Attorney

There are two distinct types of Lasting Powers of Attorney, each covering different aspects of your life:

1. Property and Financial Affairs LPA (“Financial LPA”):

• This allows your attorneys to make decisions about all your financial affairs, such as managing your bank accounts, selling or managing your properties, paying bills etc.

2. Health and Welfare LPA (“Health LPA”):

• This allows your attorneys to make decisions about what medical care you receive, your living arrangements, and your day-to-day care.

When Does an LPA Take Effect?

An LPA will generally only take effect if you lose the mental capacity to make decisions for yourself (for example, due to Alzheimer’s disease or severe illness).

However, you can set up a Financial LPA to come into effect immediately so your attorneys can act with your authority while you retain capacity. This can be helpful if you require assistance with managing your affairs due to illness or being abroad.

How is an LPA Different from Other Powers of Attorney?

Enduring Power of Attorney (EPA): This is the previous version which was replaced by LPAs in October 2007. Existing EPAs may still be valid, but new ones cannot be created.

General or Ordinary Power of Attorney (PoA): This is a temporary arrangement which can grant an attorney authority to act on your behalf for a limited period of time.

The PoA ends once you lose mental capacity, or an expiry date can be set. The PoA can also be limited to a specific task. Therefore, the PoA is more appropriate for short-term situations.

The process of making a PoA is less stringent than an LPA and it does not need to be registered.

Why Should You Make an LPA?

An LPA is an important safeguard to ensure that decisions about your finances and welfare are made by people you trust if you lose capacity. Health conditions can arise unexpectedly so advance planning is essential.

Even if you are in good health now, the Alzheimer’s Society reports that around 1 in 3 people in the UK will develop dementia during their lifetime. A range of other conditions or unexpected events can also affect your ability to make decisions.

If you do not have an LPA in place, no one has automatic authority to act on your behalf. Your loved ones may need to apply to the Court of Protection for a deputyship. The process can be time-consuming, costly and emotionally stressful.

An LPA can help prevent these complications and can also reduce the risk of disputes among family members over who should make decisions on your behalf.

When Should You Make an LPA?

An LPA must be made while you still have mental capacity, so it is advisable to arrange to make one as soon as possible.

Similar to a will, many people put off creating an LPA until it may be too late.

However, the longer you wait, the more difficult it can become, as elderly individuals may find it hard to fully understand the document’s complexities.

Verifying capacity becomes more complex with old age or poor health, which can increase the risk of disputes or challenges to the LPA.

What Can You Include in an LPA?

You are free to make decisions about your LPA. You can:

• Appoint one or more attorneys, as well as replacement attorneys;
• Decide whether attorneys act jointly or independently;
• State your “Preferences”, which act as guidance for your attorneys to consider;
• State your “instructions”, which are compulsory directions your attorney must follow; and
• In the Health LPA, specify whether your attorneys have the power to make decisions about life-sustaining treatment for you.

What is a Certificate Provider?

The LPA requires a certificate provider, whose role is to:

• Establish that you have sufficient mental capacity;
• Confirm you understand what an LPA is and its implications; and
• Verify you are making the LPA voluntarily without any pressure or undue influence from others.

This role can be fulfilled by:

• Someone who has known you personally for at least two years; or
• A professional, such as a GP, a social worker, or a solicitor.

It is advantageous to seek a legal professional to be the certificate provider, as they can also provide legal advice on LPAs and ensure the documents are properly drafted.

The Process of Making an LPA with Us

1. Consultation: We will have an initial consultation with you to provide basic information and ensure you understand what an LPA is.
2. Selection: Next, you will choose who to appoint your attorneys and determine how they should make decisions.
3. Drafting: We will prepare the documentation to give effect to your wishes, and ensure they meet the requirements of the Office of the Public Guardian (OPG).
4. Certification: We will act as the certificate provider to confirm your understanding and capacity.
5. Signing: The document must be signed by you, your attorneys, and us as your certificate provider. Physical wet-ink signatures are required, so postage or travel may be necessary.
6. Registration: We will submit the LPA to the OPG for registration, which typically takes 12-16 weeks, after which we will confirm the registration with you.

How can we help?

We offer a comprehensive LPA service, including:

• Initial consultation and tailored advice
• Guidance on appointing appropriate attorneys
• Assistance with structuring your LPA to reflect your wishes
• Accurate drafting to meet legal requirements
• Acting as your professional certificate provider
• Handling registration with the Office of the Public Guardian
• General estate planning advice, such as wills

If you are considering putting a Lasting Power of Attorney in place, or would like advice on the most appropriate arrangements for your circumstances, our team is here to help. Early planning can make a significant difference, and we can guide you through the process with clarity and confidence.

Get in touch with us today to arrange a consultation and take the first step towards protecting your future.

Have questions? Get in touch today!

Call us on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Use the contact form function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Family estate disputes often arise between family members during the administration of a deceased’s estate where insufficient estate planning and tense family relationships coincide.

In the recent case of Kaur v Kaur and others [2025] EWHC 2806 (Ch), an extended series of arguments between ten siblings was only resolved more than 10 years after the death of their mother. The conflicts stemmed from informal and unclear financial arrangements creating confusion and ultimately leading to litigation.

The case highlights the importance of clearly documenting all financial arrangements, even between family members. While it may feel uncomfortable to formalise private matters, failing to do so can result in costly and prolonged disputes.

Written by Aurora Chan, Legal Assistant

The Facts of the Case

The court case mainly concerned two siblings: Kanta, who was the main Claimant, and Kouri, who was the main Defendant, in relation to the estate of their late mother (“Mother”).

Due to a series of ongoing disputes between the siblings, the administration of the estate had become stalled indefinitely and could not progress.

The main points of conflict were as such:

The Family Home Mortgages

• The family home, which belonged to Mother, was subject to three mortgages;
• The funds released were given to Kouri’s business;
• Kanta alleged that the funds were loans to Kouri, not gifts, and should therefore be repaid to the estate
• Kanta also alleged Kouri had arranged the mortgages without Mother’s knowledge.

Gold Jewellery

• Mother owned a substantial amount of gold jewellery.
• Kanta alleged that Kouri had
  • (a) misappropriated the jewellery, and
  • (b) distributed them improperly, in breach of her duties as executor.

Rental Income

• After Mother’s death, several individuals lived in the Family Home.
• Kanta alleged Kouri had been inappropriately collecting rent
• Kanta claimed the rent should be accounted for to the estate.

The “Heads of Agreement”

• The siblings disagreed on whether a “heads of agreement” document was legally binding.

Decisions of the Court

The Family Home Mortgages

The Court held that the mortgages effectively constituted a loan from Mother to Kouri.

The Legal Position

It is generally presumed that transfers for value are made with an expectation of repayment or return. However, where the transfer is from parent to child (or from husband to wife), there is a “presumption of advancement” that it is a gift (as established in Bennet v Bennet (1879)).

The presumption of advancement has been subject to criticism arguing it reflects outdated gendered assumptions, since it traditionally only applies for transfers from father to child or from husband to wife. The Equality Act 2010 provided for its abolition but the provision has not been brought into force.

The Judge’s Views

The judge confirmed that the presumption of advancement remains relevant in modern society. It reflects a common social practice in our current economic climate where parents often provide financially support to their children, for example with deposits for houses or funds for starting a business.

The presumption can be rebutted by evidence showing an intention to the contrary.

The judge also emphasised that the presumption can still apply even where the child is financially independent or is an adult, although the strength can vary.

Application to the Case

Despite the presumption of advancement, the judge decided the arrangement between Mother and Kouri was a loan, not a gift, as:

• Kouri had been making repayments towards the mortgages with interest, and
• Kouri contributed to Mother’s expenses for the duration of the arrangement

However, the judge noted the case was difficult to determine, as there was no direct evidence of Mother’s intentions. He felt that it was likely neither Mother nor Kouri had given much thought to the arrangements, which led to the arrangements being ill-defined and uncertain.

Judgement

Kouri owed an equitable debt to the estate, equalling to:

• the total sum of mortgages taken out on the Family Home (£130,000)
• minus the total sum Kouri had already repaid to Mother (£50,000)
• minus another sum Kouri had paid on behalf of Mother (£25,000).

Kouri therefore had to pay £55,000 to the estate.

Gold Jewellery

The judge held that Kouri had acted appropriately in regards to the jewellery.

• Kouri had rightly removed the jewellery per Mother’s instructions to safeguard it, and
• Kouri was entitled to distribute the jewellery among the children and grandchildren according to the will.

Mother’s will stated the gold in the Safe Deposit Box should be “divided between my children” according to the absolute discretion of her executors.

The judge held that the power to distribute to children should also include power to distribute to the children’s children, and thus Kouri was entitled to reserve some pieces for the grandchildren as wedding gifts.

Rental Income

The judge held there was insufficient evidence that Kouri had received any rental income not accounted for to the estate, so the claim failed.

The Heads of Agreement

The judge held that the document was not legally binding.

• It is unusual for family arrangements to be intended as legally binding contracts, unless there is a clear intention to the contrary.
• There was no evidence of such intention.
• The choice to name it “Heads of Agreement” rather than “Contract” under the advice of solicitors indicated otherwise.

Implications and Takeaways

This case demonstrates the serious consequences of failing to properly document financial arrangements within families. The dispute lasted over a decade, and a significant portion of the estate was consumed by legal costs.

A key issue was that the family did not consider estate planning necessary, as they did not view themselves as having substantial assets. As a result, many arrangements were informal, undocumented, and not carefully considered. This left the issue open to dispute by the siblings.

Therefore, proper estate planning is essential even if you feel you do not have a lot of assets.

The following points should be considered:

Discuss Financial Arrangements Openly

Much of the problems in the case came out of the secrecy around Mother’s financial affairs. This left Mother’s intentions around the loan or gift to Kouri unclear.

Open discussion with family members regarding your financial arrangements can clarify intentions and prevent misunderstandings.

Secrecy can also lead to suspicion and distrust, so transparent and honest discussion prevents any unexpected surprises which may cause disputes.

Be Aware of the Presumption of Advancement

The judge in this case reaffirmed that the presumption of advancement still remains relevant and applicable.

This means that transfers to family members could be assumed to be a gift unless explicitly made clear otherwise.

If the transfer is not a gift, this must be clearly documented; without any evidence of intention, it would be difficult to recover funds.

Common Issue

Parents often contribute funds for their child to purchase a property. This will be presumed as a gift to the child and the house may become matrimonial property if the child married, and as such subject to division upon divorce. A prenuptial agreement could help to protect these contributions and clarify ownership.

Ensure Proper Estate Planning

Even where you feel that your assets are not substantial, a clear and comprehensive will is essential to prevent any disputes and ensure your wishes are carried out.

A well-drafted will should:

• Clearly set out how all your assets are to be distributed;
• Avoid any ambiguity; and
• Minimise the risk of disputes.

There may be subtle legal ambiguities that a layperson is unlikely to recognise, so a professionally drafted will is a safer and more reliable option.

How We Can Help

If you are involved in a family estate dispute or want to take steps to prevent one, early legal advice can make a significant difference.

• Advice on family estate disputes, including contentious probate disputes, such as challenges to wills or disagreements between beneficiaries;
• Assist with issues in estate administration, such as executor disputes;
• Draft professionally drafted wills to ensure your intentions are clear and legally effective;
• Providing estate planning advice to minimise the risk of future disputes; and
• Preparing formal agreements for family financial arrangements (such as deeds of gift) to ensure clarity.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio