Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Probate definition What does Probate mean? Probate is the court process for proving a will and giving legal authority to deal with a deceased person’s estate. In practice it confirms who may collect assets, pay debts and distribute to beneficiaries. The term is descriptive rather than a single defined statutory concept; procedures are set by legislation and probate rules in each jurisdiction. England and Wales: the executor applies for a grant of probate; on intestacy or where no executor can act, an administrator seeks letters of administration. Both are grants of representation issued by the Probate Registry (HMCTS) under the Senior Courts Act 1981 and the Non‑Contentious...
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Probate and Estate Administration in England and Wales: Client Guide to PR Duties, Intestacy, HMCTS Applications and IHT, including 2027 Pension Death Benefit Changes
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Precedents
This document offers general guidance on the Probate process for non‑professional Personal representatives and bereaved family members. Your probate practitioner can provide tailored advice specific to your circumstances. It is aimed at those administering estates without professional expertise and at families coping with a bereavement. It provides broad information, not case‑specific guidance.
FORTHCOMING CHANGE relating to IHT on pension death benefits
At the Autumn Budget 2024 on 30 October 2024, the government confirmed that, from 6 April 2027, unused pension pots and death benefits paid from a pension will be included in a person’s estate for IHT. The rule will cover both defined contribution and defined benefit arrangements, and apply to UK‑registered plans as well as qualifying non‑UK pension schemes. A technical consultation on how these reforms will operate runs from 30 October 2024 to 22 January 2025. For further details, see: Autumn Budget 2024—Private Client analysis — Inheritance tax.
Coping with the death of someone close can bring significant emotional and practical hurdles. If you are also acting as a personal representative (PR) responsible for the estate (the property and belongings of the deceased) as an executor or an administrator (defined below), you may encounter an unfamiliar process with unusual,...
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Web page updated on 22/05/2026
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