Making a Will in the UK Without a Solicitor: When DIY Is Fine and When It Is Not

Can you make your own will and then apply for probate without a solicitor? The official answer is yes, but the DIY route is most suitable when the estate is straightforward. The main complications are often unclear wishes, disputes and Inheritance Tax.

This guide is for people in England and Wales. It explains the probate and tax side of DIY. It does not set out the legal formalities for signing a will.

1. What DIY means in practice

A will lets you decide what happens to your money, property and possessions after your death. You can make one without using a solicitor.

Making a will and applying for probate are different processes. Probate is the official process for applying for authority to deal with someone’s estate after their death.

The official probate guidance says you can apply yourself online or by post. It says this can be cheaper than paying a probate practitioner, such as a solicitor, to apply for you.

That does not mean every estate is suitable for DIY. The decision turns mainly on whether the estate is simple and whether you can complete the tax and probate steps accurately.

A DIY will must still meet the legal requirements for a will. This guide cannot decide whether a particular document is valid. Its advice is about handling the estate once there is a clear will.

2. When not to treat an estate as straightforward

DIY probate is more realistic where the will is clear, beneficiaries agree, all relevant property is in the same country and any Inheritance Tax position is manageable.

A practical warning sign is:

A missing or unclear will. If you cannot find the will or cannot understand what it says, do not assume the standard DIY route answers the problem. The missing or unclear document may need to be dealt with before you can treat the estate as routine.
A dispute among beneficiaries. A known disagreement about what someone should receive changes the situation. Discuss it with a probate practitioner before treating the matter as an ordinary administrative task.
Property in more than one country. The process described here is for England and Wales. It does not answer what may be required for property in another country.
A large estate that crosses the Inheritance Tax threshold. Going above the threshold does not automatically prevent you from applying for probate yourself. It does, however, add tax work that may make professional help more sensible.

Crossing the tax threshold is a reason to check the position carefully. It is not an automatic instruction to use a solicitor. The more complicated the assets, gifts, exemptions and reliefs, the less suitable the estate is for an unqualified DIY decision.

3. The Inheritance Tax rules that affect the decision

Inheritance Tax is a tax on someone’s estate. An estate includes property, money and possessions.

The normal threshold and rate

There is normally no Inheritance Tax to pay if either:

the estate is below the £325,000 threshold; or
everything above the £325,000 threshold is left to a spouse, civil partner, charity or community amateur sports club.

You may still need to report the estate’s value even if it is below the threshold.

The normal Inheritance Tax rate is 40%. It is charged only on the part of the estate above the threshold, not on the whole estate.

The official example is an estate worth £500,000 with a tax-free threshold of £325,000. The amount above the threshold is £175,000. The Inheritance Tax charged is 40% of that £175,000.

When the home goes to children or grandchildren

Your threshold can increase to £500,000 if you give away your home to your children or grandchildren.

For this purpose, children include adopted, foster and stepchildren.

This higher threshold depends on the home going to the relevant beneficiaries. It is not a general increase for every estate.

Spouse, civil partner, charity and sports club exemptions

There is normally no Inheritance Tax where everything above the £325,000 threshold is left to a:

spouse;
civil partner;
charity; or
community amateur sports club.

These rules make the estate’s beneficiaries especially important when you are deciding whether the position is straightforward.

Charity and the reduced 36% rate

The estate can pay Inheritance Tax at a reduced rate of 36% on some assets if you leave 10% or more of the net value to charity in your will.

Here, “net value” means the value used for the charity rule. The 36% rate applies to some assets. It should not be described as a reduced rate on the whole estate.

Taper relief might also mean that the Inheritance Tax charged on the gift is less than 40%.

Business and agricultural assets

Business Relief or Agricultural Relief can allow some assets to be passed on:

free of Inheritance Tax; or
with a reduced Inheritance Tax bill.

If the estate includes these assets, the basic threshold calculation may not tell you the whole tax position.

4. The HMRC steps before probate

You must estimate the value of the estate before applying for probate. You cannot wait until after the application to work this out.

The official process uses the term “excepted” for an estate that does not have to submit the full Inheritance Tax details before probate. If the estate is not excepted, you must send those details to HM Revenue and Customs, HMRC, on form IHT400 before applying.

The full details include:

the estate’s assets;
the estate’s debts;
any gifts made;
any reliefs; and
any exemptions.

The official sequence is:

Estimate the estate’s value. Include its property, money and possessions.
Check whether the estate is excepted. If it is not, submit the full IHT400 details to HMRC before applying for probate.
Start paying any Inheritance Tax due. The probate process cannot simply be used to postpone a tax payment.
Wait for HMRC to send a unique code.
Apply for probate and return to your application.

This is where a seemingly simple estate can become complicated. DIY is less realistic if you cannot identify the assets and debts, work out whether IHT400 is required, deal with any tax due or obtain the HMRC code.

5. Applying for probate yourself

You can submit a probate application online or by post.

You might need to pay a fee to apply. If you have a low income or are on certain benefits, you could get help with the fee.

The official guidance says you will usually get probate within 12 weeks of submitting your application. It can take longer if you need to provide additional information.

This timing is not a guarantee. A missing response, unclear information or a request for further details can make the process longer.

The official guidance says applying yourself can be cheaper than paying a probate practitioner. For a simple estate, that may make DIY a practical option. If the will, property or tax position is complicated, the cheaper application route may not be the most suitable overall choice.

6. Where to get help with the application

For help with the probate application, contact the Courts and Tribunals Service Centre:

Email: contactprobate@justice.gov.uk
Telephone: 0300 303 0648
Opening hours: Monday to Friday, 9am to 1pm

If you do not have internet access, contact We Are Group:

Telephone: 03300 160 051
Opening hours: Monday to Friday, 9am to 5pm

You can also decide whether an estate is complex enough for a probate practitioner before paying for an application. The practitioner does not have to deal with the whole estate to be useful. Reliably answering a question about the will, cross-border property or Inheritance Tax may be enough to make a DIY application unsuitable.

7. Frequently asked questions

Can I apply for probate without a solicitor?

Yes. The official service allows you to apply online or by post. Applying yourself can be cheaper than paying a probate practitioner. The estate still needs to be suitable for the process.

Is a probate application free?

You might need to pay a fee. People with a low income or who receive certain benefits could get help with the fee.

Does an estate below £325,000 never need reporting?

No. There is normally no Inheritance Tax to pay below £325,000, but you may still need to report the estate’s value.

Does going over £325,000 mean I cannot do it myself?

No automatic bar is stated in the official guidance. If the estate is not excepted, however, you must submit form IHT400 before applying. You may also need to start paying Inheritance Tax and wait for an HMRC code.

How long does probate take?

You will usually get probate within 12 weeks of submitting the application. It can take longer if additional information is needed.

DIY can be suitable for a clear, simple England and Wales estate, but an uncertain will, a beneficiary dispute, cross-border property or a complex Inheritance Tax position is a sensible reason to seek professional help.