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Client Education: How to Explain Wills and Probate Simply

· 20 min

James, a financial advisor with 15 years of experience, watched his client's eyes glaze over as the solicitor explained "testamentary capacity" and "grant of representation." His client, a 42-year-old business owner with a £1.2 million estate, left the meeting more confused than when she arrived.

Three months later, she still hadn't made a will.

James knew the statistics. Following the announcement that pensions would be included in estates for inheritance tax from April 2027, estate planning conversations have surged across the industry. The UK wills, probate, and trusts market reached £2.81 billion in 2024, a 7% increase from 2023. 41% of UK adults now have wills, up from 38% in 2024.

The problem isn't client motivation. The problem is communication.

When advisors can translate complex legal concepts into simple, relatable language, clients take action. This guide provides financial advisors with practical frameworks, real-world scripts, and proven communication strategies to explain wills, probate, and inheritance tax in ways clients actually understand—without legal jargon, without overwhelming detail, and without overstepping professional boundaries.

Why Client Education Matters More Than Ever

The landscape of financial advice has shifted dramatically. Your clients don't just want investment returns—they want comprehensive financial planning that protects their families.

From April 2027, unused pension funds and death benefits will be included in estates for inheritance tax purposes. This affects an estimated 38,500 estates that will pay more inheritance tax, with average liabilities increasing by around £34,000.

For financial advisors, this creates both opportunity and responsibility. You see the full picture of your clients' assets. You understand their family dynamics. You've built trust over years of service. This positions you uniquely to initiate estate planning conversations—but only if you can communicate clearly.

The UK wills, probate, and trusts market is projected to grow by 6.2% to reach £3.6 billion by 2028. Clients are increasingly seeking guidance. The advisors who can explain estate planning clearly will build deeper, stickier client relationships and provide genuine value when families need it most.

Here's the professional boundary: You provide education and facilitate planning, not legal advice. You can explain how wills work—you cannot draft them or interpret specific legal clauses. This guide shows you exactly where that line sits.

The Communication Framework: Three Core Principles

Before diving into specific explanations, understand the three principles that make estate planning conversations work.

Principle 1: Simplicity Over Accuracy

Your goal is client understanding, not legal precision. Use analogies and metaphors clients can visualize.

Instead of: "A will is a testamentary document establishing disposition of assets upon death, subject to probate validation and executor administration."

Say this: "A will is like a set of instructions for your family. It tells them who gets what, who's in charge of sorting everything out, and who raises your children if they're under 18."

Avoid legal terms like "testamentary capacity," "grant of representation," or "intestate succession." Use plain English: "mental ability to make a will," "legal document proving executor authority," "government rules when there's no will."

Principle 2: Make It Personal and Relevant

Connect concepts to your client's specific situation. Use their numbers, their family structure, their concerns.

Instead of: "Inheritance tax could affect your estate."

Say this: "Based on your £800,000 estate and the standard £500,000 threshold, your children would face a £120,000 tax bill. That means they'd inherit £680,000 instead of the full amount."

Ask open questions: "What worries you most about what happens to your family?" not "Do you have estate planning questions?"

Specific scenarios create urgency. Generic warnings create apathy.

Principle 3: Focus on Actions, Not Abstractions

Every explanation should end with "What this means for you is..." Translate concepts into decisions or next steps.

Instead of: "Executors have fiduciary responsibilities under the Administration of Estates Act."

Say this: "You'll need to choose two people you trust to be executors—people who are organized, available, and comfortable handling financial matters. They'll manage everything from closing bank accounts to selling property if needed."

Provide clear pathways forward: online services like WUHLD for straightforward estates, local solicitors for complex situations, or estate planning specialists for high-value planning.

With these principles in mind, let's break down the most common concepts you'll need to explain.

Explaining What a Will Actually Does (Simple Terms)

When a client asks "What exactly is a will?" most advisors stumble into legal jargon. Here's the simple, memorable explanation.

The Simple Definition: "A will is a legal document that says who gets your money, property, and possessions when you die, and who looks after your children if they're under 18."

Four Key Things Wills Do

1. Decide Who Inherits

"You choose who gets what—your partner, children, friends, charities. Without a will, the government decides using fixed rules that might not match what you want. If you're married with two children and a £600,000 estate, intestacy rules say your spouse gets £322,000 plus personal belongings and half the rest—but your children get the other half, potentially creating cash flow problems for your surviving spouse."

2. Appoint Executors

"You name trusted people to handle the practical and legal work after you die—paying bills, closing accounts, distributing assets. Think of them as project managers for your estate. Without appointed executors, your family has to apply for court-appointed administrators, adding weeks or months to an already difficult process."

3. Name Guardians

"If you have children under 18, you legally nominate who raises them. Without this, the courts decide, which can take months and cause family conflict. Learn more about selecting guardians for minor children and the questions to consider."

4. Set Up Trusts (If Needed)

"You can hold money for children until they're older than 18, or protect assets for vulnerable beneficiaries. This prevents an 18-year-old inheriting £200,000 with no financial guidance or experience."

What Wills DON'T Cover

Your clients need to understand that not everything passes through a will:

These pass outside the will, but advisors should review them for tax implications and coordination with overall estate planning.

Script to Use: "Your will has three main jobs: saying who inherits, who's in charge of sorting everything out, and who raises your children. That's it. Everything else is detail."

Simple Analogy: "Think of your will like a map for your family. It shows them exactly where everything goes and who's in charge of the journey. Without it, they're navigating without directions during the most stressful time of their lives."

Demystifying Probate for Clients

Probate intimidates clients because they don't understand what it actually is. Here's how to make it clear.

The Simple Definition: "Probate is the legal process of proving a will is valid and giving your executor the authority to access your bank accounts, sell property, and distribute your estate."

Why It's Necessary

"Banks, investment platforms, and the Land Registry won't release assets to your family just because they bring in your will. They need a legal document—called a Grant of Probate—proving the will is genuine and the executor has authority. It's like getting official permission to act on someone's behalf after they've died."

The Three Main Steps (Client-Friendly Version)

1. Valuation (1-2 months)

"Executors gather all financial statements, property valuations, and account balances to calculate total estate value. This determines if inheritance tax is due and how much."

2. Application (1-2 months)

"Executors complete forms, pay any inheritance tax due, and apply to the Probate Registry for the Grant of Probate. As of January to March 2025, the average processing time is about 5 weeks, down dramatically from 12 weeks in late 2023. 93% of applications are now digital, which speeds up the process significantly."

3. Distribution (3-6 months)

"Once they have the Grant, executors close accounts, sell property if needed, pay remaining debts, and distribute assets according to the will. This phase depends on estate complexity—selling property takes longer than simply transferring savings accounts."

Realistic Timeline

"A straightforward estate typically takes 6-9 months from death to final distribution. Complex estates—multiple properties, business interests, contested wills—can take 12-24 months or longer."

Give clients realistic expectations. They'll appreciate honesty over optimistic timelines that prove wrong.

When Probate ISN'T Needed

"Not all estates require probate. Small estates under £5,000-£15,000 (depending on the financial institution), assets held as joint tenants, and assets with nominated beneficiaries often pass without probate. However, most estates with property or significant savings will need it."

Cost Reality

"The Probate Registry fee is £273 for estates over £5,000, or free for estates under £5,000. If you hire a solicitor to handle probate, fees typically range £1,500-£5,000 or more depending on estate complexity. Many families handle straightforward probate themselves to save costs."

Script to Use: "Probate is like getting legal keys to your estate. It proves the will is real and gives your executor permission to access everything. For straightforward estates, it takes about 6-9 months total."

Inheritance Tax Explained (Without the Confusion)

Inheritance tax terrifies clients because they don't understand the thresholds or how it's calculated. Clear explanation removes fear and enables planning.

The Simple Definition: "Inheritance tax is a 40% tax on your estate above £325,000 when you die. Most people don't pay it because of allowances and exemptions, but it's crucial to plan if your estate is close to or above the threshold."

The Three Thresholds (Use Client's Numbers)

1. Basic Threshold (£325,000)

"This is called the nil-rate band. Everyone gets it. The first £325,000 of your estate is tax-free. This threshold has been frozen since 2009 and will remain frozen until April 2030."

2. Residence Nil-Rate Band (£175,000)

"If you leave your main home to children or grandchildren, you get an extra £175,000 allowance—bringing your total to £500,000. This applies when you pass your home to direct descendants: children, stepchildren, adopted children, or grandchildren."

3. Transferable Allowances

"Married couples and civil partners can transfer unused allowances to the surviving spouse—potentially creating a £1 million total threshold (£325,000 + £175,000 × 2). Any estate value passed to a spouse or civil partner is tax-free, so IHT typically becomes due when the second spouse dies."

Real Example for Clients

Let's make this tangible with actual numbers:

"Your estate: £850,000 (£600,000 house, £250,000 investments and savings)

Allowances: £500,000 (£325,000 basic + £175,000 residence allowance)

Taxable amount: £350,000

Tax due: £140,000 (40% of £350,000)

Your family inherits: £710,000"

Use this calculation approach with every client's specific numbers. It transforms abstract policy into concrete financial reality.

KEY 2027 CHANGE—Pensions

This is critical information your clients need to understand:

"Currently, pensions with nominated beneficiaries often pass tax-free outside your estate. From April 2027, unused pension funds and death benefits COUNT toward your estate for inheritance tax."

"This affects an estimated 38,500 estates that will suddenly face IHT bills they weren't expecting. If you have a £400,000 pension pot and a £400,000 estate, you're currently below the IHT threshold. From April 2027, you'd have an £800,000 combined estate—potentially creating a £120,000 tax bill."

This is where advisors add genuine value. Clients with substantial pension assets need urgent estate planning reviews before April 2027.

Simple Mitigation Strategies (Advisor Can Mention)

You can educate clients about common planning strategies:

  • Spousal exemption: Everything passing to a spouse or civil partner is tax-free
  • Lifetime gifting: Gifts over £3,000 annual allowance must be made 7 years before death to fall outside the estate
  • Charitable giving: Leaving 10% or more of your net estate to charity reduces the IHT rate from 40% to 36%
  • Trusts: For complex situations requiring specialist advice—refer to a solicitor
  • Business and agricultural property relief: Changing April 2026 with a £1 million cap, then 50% relief above that threshold

Inheritance Tax Quick Reference Table:

Estate Value Threshold Available Taxable Amount IHT Due (40%) Family Inherits
£400,000 £500,000 £0 £0 £400,000
£600,000 £500,000 £100,000 £40,000 £560,000
£1,000,000 £500,000 £500,000 £200,000 £800,000

Script to Use: "Inheritance tax is 40% on estates over £325,000—or £500,000 if you're leaving your home to children. Let's run your numbers to see if this affects your family, especially with the 2027 pension changes coming."

Intestacy Rules: What Happens Without a Will

This is your most powerful communication tool. Nothing motivates clients to make a will faster than understanding what happens without one.

The Core Message: "When someone dies without a valid will, UK law decides who inherits using fixed rules called intestacy. These rules often don't match what people actually want—especially for unmarried couples, blended families, and people with specific wishes."

Key Intestacy Rules (Simple Version)

Married with children, estate under £322,000:

"Everything goes to your spouse or civil partner. Your children inherit nothing until your spouse dies."

Married with children, estate over £322,000:

"Your spouse gets the first £322,000 plus all personal possessions, plus half of the remaining estate. Your children split the other half equally. This can create problems—your spouse might need to sell the family home to give children their share, or children receive large sums at 18 with no guidance."

Married, no children:

"Your spouse inherits everything. This is straightforward."

Unmarried with children:

"Your children inherit everything equally. Your partner gets absolutely nothing—even after 20 years together, shared home ownership, or raising children together."

Unmarried, no children:

"Your parents inherit first. If they've died, your siblings inherit. If no siblings, it goes to more distant relatives in a specific order. Your partner still gets nothing."

Critical Gaps Intestacy Creates

Unmarried partners inherit NOTHING

This is the most shocking gap for most clients. "In 2022, 22.7% of couples in the UK were cohabiting—approximately 6.8 million people. For all of them, intestacy rules mean their partner inherits nothing. Even if you've lived together 30 years, raised children together, and jointly own your home, your share doesn't automatically pass to your partner. It becomes part of your estate distributed to blood relatives."

Step-children inherit NOTHING

"Unless legally adopted, step-children have no inheritance rights under intestacy. Many blended families assume 'his, mine, and ours' children would all be treated equally—they're not."

No guardian nominations

"Courts decide who raises minor children when both parents have died. This process can take months and often results in family disputes or children placed with relatives the parents wouldn't have chosen."

No control over timing

"Children inherit their full share at age 18 with no restrictions. An 18-year-old suddenly receiving £150,000 rarely makes optimal financial decisions."

Charities receive nothing

"Intestacy only distributes to blood relatives (or ultimately the Crown if no relatives exist). Causes you care about receive nothing."

Real-World Impact

"59% of UK adults still don't have a will. For couples who aren't married, this creates devastating consequences. Your client's partner could find herself homeless—her late partner's share of their jointly-owned house going to his estranged siblings she's never met, forcing a property sale during her grief."

Script to Use: "Without a will, the government has written one for you—and it probably doesn't say what you'd want. The biggest shock is usually that unmarried partners inherit nothing, even if you've been together 30 years with children."

Common Client Questions (And How to Answer Them)

Your clients ask the same questions repeatedly. Here are clear, ready-to-use answers.

Q1: "Do I really need a will if everything goes to my spouse anyway?"

"If you're married with no children and a straightforward estate, your spouse inherits everything under intestacy rules—that's true. But a will still matters for three reasons: First, it appoints executors who handle the legal admin, making things easier for your grieving spouse. Second, it names guardians if you have children later. Third, it specifies what happens if you die together in an accident or your spouse dies first. Without a will, your estate goes to your parents or siblings instead of where you'd want it. A will costs £49.99 online—cheap insurance for clarity."

Q2: "How often should I update my will?"

"Review your will every 3-5 years or after major life events: marriage, divorce, children, buying property, inheriting money, moving countries, or relationship changes with executors or beneficiaries. UK law automatically revokes wills when you marry unless the will specifically contemplates that marriage. Divorce doesn't revoke your will but treats your ex-spouse as if they died before you. Learn when to update your will and how often for comprehensive guidance."

Q3: "Can't I just write my wishes on paper and have someone witness it?"

"Unfortunately, no. UK law under the Wills Act 1837 requires specific formalities: your will must be in writing, signed by you in the presence of two independent witnesses who aren't beneficiaries or married to beneficiaries, and the witnesses must sign in your presence. A note—even dated and signed—isn't legally valid. Use a proper will service that ensures you sign correctly to meet all legal requirements."

Q4: "What if my family fights over my will?"

"Will challenges are rare but possible on three grounds: the will wasn't properly executed with correct witnesses and signatures, you didn't have mental capacity when making it, or you were unduly influenced or coerced. Prevent challenges by using a reputable will service or solicitor, keeping medical records if you have health concerns, and discussing your wishes with family before you die to manage expectations. Clear communication during your lifetime prevents most disputes after death."

Q5: "Do I need a solicitor or can I use an online will service?"

"For straightforward estates—single or married, standard beneficiaries like spouse and children, UK property only, no business interests or complex trusts—online services like WUHLD (£49.99) are efficient and legally valid. You need a solicitor if you have complex assets like overseas property or business shares, you're excluding close family who might challenge, you have a blended family with inheritance concerns, or you lack mental capacity due to illness. Online services work for about 80% of people. Solicitors at £300-£1,000+ handle the complex 20%."

Q6: "What happens to my business when I die?"

"Your business shares or ownership become part of your estate and pass according to your will or intestacy if there's no will. This can cause major problems: business passes to family who don't know how to run it, shares get divided among multiple heirs causing decision-making paralysis, or clients and suppliers lose confidence when there's no succession plan. Include business succession planning in your will: name specific heirs interested in running the business, consider trusts to hold shares with professional trustees, set up buy-sell agreements with co-owners, and get professional valuation for IHT purposes. Refer complex business estates to solicitors specializing in business succession."

Red Flags: When to Refer to a Solicitor

Understanding professional boundaries protects both you and your clients. Know when a situation requires specialist legal advice.

Your Role as Advisor: Financial advisors educate, facilitate, and coordinate estate planning—but don't provide legal advice. Recognize when a client's situation exceeds DIY or online solutions and requires specialist support.

Refer to Solicitor When Client Has:

1. Complex family structures

Multiple marriages, step-children you want to provide for, dependents with disabilities requiring special trusts, or family members likely to challenge the will all need specialist drafting.

2. Significant business interests

Company shares, partnerships, or complicated ownership structures require careful succession planning that coordinates with shareholder agreements and business continuity plans.

3. International elements

Overseas property, dual citizenship, or beneficiaries living in other countries create cross-border legal issues requiring specialist knowledge of multiple jurisdictions.

4. Large estates with tax planning needs

Estates significantly over the IHT threshold requiring trust structures, sophisticated gifting strategies, or business property relief planning (especially with April 2026 changes) need professional tax and legal guidance.

5. Vulnerable circumstances

Reduced mental capacity, terminal illness, or external pressure from family members require careful documentation and often medical evidence to prevent future challenges.

6. Intention to exclude close family

Deliberately disinheriting a spouse or children creates high challenge risk under the Inheritance (Provision for Family and Dependants) Act 1975. This needs defensive drafting by a specialist.

7. Existing trust arrangements

Coordinating a will with existing trusts or creating new trusts requires legal expertise to ensure they work together correctly and achieve your intended outcome.

How to Frame the Referral

"I can see your situation is more complex than a standard online will can handle. I'd recommend consulting a solicitor who specializes in trust planning and business succession. I can recommend a few if helpful. This investment—usually £500-£1,500 depending on complexity—will give you peace of mind that the structure is correct and defensible if challenged."

Professional Boundary: You can explain how wills and probate work in general terms. You cannot draft wills, interpret specific legal clauses, or advise on whether a particular will is legally valid. Stay in your lane and build relationships with specialist solicitors for referrals.

Tools and Resources to Support Client Education

Practical resources make estate planning conversations easier and more effective.

Visual Tools

Estate planning flowcharts showing decision trees help clients understand whether they need a simple will or solicitor support. Create a simple diagram: married vs. unmarried, children vs. no children, UK assets only vs. international holdings.

IHT threshold calculators allow clients to input their own numbers and see potential tax exposure. Many online versions exist that you can link to or white-label.

Probate timeline infographics showing the 6-9 month journey from death to distribution help manage client expectations about how long executors will work.

Intestacy rules visual diagrams make the complex rules immediately clear—particularly powerful for unmarried couples who don't realize they inherit nothing.

Client-Facing Resources

Create one-page summaries you can email clients after meetings: "How Wills Work," "Understanding Probate," or "IHT Thresholds Explained." These reinforce your verbal explanations and give clients something to share with their partners.

For straightforward estates, recommend online will services: WUHLD (£49.99, 15 minutes online, includes will plus executor and beneficiary guides, no subscription), or direct clients to government resources on GOV.UK for inheritance tax guidance, probate application information, and intestacy rules.

Consumer advice from Which? and Money Saving Expert provides independent, trustworthy information clients can access themselves.

Advisor Development Resources

Stay current with Law Society updates on wills and probate reforms. The Law Commission's April 2025 report on wills reform may introduce significant changes to execution requirements and digital wills.

Trade publications like Financial Planning and Professional Adviser regularly publish estate planning sections with technical updates and case studies.

Webinars and training on estate planning fundamentals for non-solicitors help you speak confidently about concepts without straying into legal advice.

Collaboration frameworks for working with estate planning solicitors create smooth referral pathways and strengthen your service offering.

Practice Management

Add estate planning as a standard section in your client review questionnaire. Simple questions like "When did you last review your will?" and "Do you have guardians named for your children?" open conversations naturally.

Set CRM reminders to discuss wills during annual reviews or after major life events like marriage, children, or property purchases.

Create template language for client communications: "Estate planning affects everything we've built together in your financial plan. Let's make sure your wishes are properly documented."

Build referral partnerships with vetted estate planning solicitors for complex cases, creating a seamless client experience.

Recommended Practice: Add estate planning as a standard agenda item in annual client reviews. The simple question "When did you last review your will?" opens the conversation naturally and demonstrates comprehensive advice.

How WUHLD Helps You Help Your Clients

You've educated your client about wills. They're convinced they need one. Now what?

The Advisor's Dilemma: Referring to a solicitor means £300-£1,000+ bills, weeks of appointments, and many clients never follow through. The cost and complexity create barriers between your advice and client action. But recommending just any online service risks clients choosing poorly regulated providers or services that don't meet their needs.

Why Advisors Recommend WUHLD

1. Actually simple

The 15-minute online process means clients complete their will from home—no appointments, no intimidating law firm settings, no confusing legal jargon. They answer plain-English questions and receive a legally valid will.

2. Properly regulated

WUHLD wills are legally valid UK documents double-checked for accuracy. You can recommend them confidently knowing they meet Wills Act 1837 requirements.

3. Transparent pricing

£49.99 one-time payment with no hidden fees or subscriptions. Clients know exactly what they're paying before they start.

4. Comprehensive package

Clients receive their will plus a 12-page Testator Guide explaining how to execute their will properly, a Witness Guide to give witnesses, and a Complete Asset Inventory document. They also get LPA information to complete their estate planning.

5. Preview-first approach

Clients see their complete will before paying anything—no credit card required for preview. This builds confidence and eliminates purchase anxiety.

6. Appropriate for most clients

WUHLD covers single, married, children, standard beneficiaries, and UK assets—the 80% of clients who don't need expensive solicitor support. For the complex 20%, you can refer to specialists.

How to Position WUHLD in Client Conversations

"For straightforward situations like yours—married, children, UK property—I recommend starting with an online service like WUHLD. It's £49.99, takes 15 minutes, and gives you a legally valid will plus helpful guides for your executors. You can preview everything before paying to make sure you're comfortable with it."

"If your situation gets more complex in the future—trusts, business succession, international assets—we can always revisit with a solicitor. But for now, WUHLD is the efficient, affordable way to get this essential protection in place."

Benefits for Your Practice

Recommending WUHLD removes the barrier between client education and client action. Instead of clients nodding along but never following through, they can create their will the same day you discuss it.

This positions you as a helpful advisor who provides complete solutions, not just identifies problems. It ensures clients actually follow through rather than being stopped by £800 solicitor bills or months of delays.

It creates a natural touchpoint for future reviews—you can remind clients to update their wills after life events, keeping you top of mind and demonstrating ongoing value.

Advisor Tip: Include a WUHLD link in your client newsletter or annual review follow-up emails with a brief explanation: "If you haven't made your will yet, WUHLD offers a simple, affordable solution for straightforward estates—£49.99 for a legally valid will created in 15 minutes." Make it easy for clients to take action on your estate planning advice.

Taking Action on Estate Planning Communication

Estate planning conversations don't have to be complicated or intimidating—for you or your clients.

Key takeaways:

  • Use the three principles—simplicity over accuracy, personal relevance, action orientation—to transform confusing legal concepts into clear client conversations that drive understanding and action
  • Master simple explanations for wills (who inherits, who's in charge, who raises children), probate (6-9 month process to prove will and distribute estate), and IHT (40% tax on estates over £325,000-£500,000 depending on circumstances)
  • Know the critical gaps intestacy creates, especially for the 22.7% of UK couples who are cohabiting—unmarried partners inherit absolutely nothing under intestacy rules regardless of relationship length
  • Recognize red flags requiring solicitor referral: complex families, business interests, international assets, large estates needing sophisticated tax planning, or vulnerable circumstances
  • Recommend WUHLD for straightforward estates—£49.99, 15 minutes, legally valid—removing the barrier between your advice and client action

Your clients trust you with their financial futures—retirement planning, investment strategy, tax efficiency. When you can also guide them through estate planning with clarity and confidence, you don't just deepen those relationships. You ensure families are protected when it matters most.

The difference between a client who understands estate planning and one who doesn't isn't legal knowledge. It's communication skill. And communication skill is exactly what you've just developed.

Make it easy for your clients to act on your estate planning advice. WUHLD provides legally valid UK wills in just 15 minutes online for £49.99—no solicitor appointments, no hidden fees, no subscriptions.

Your clients preview their complete will free before paying, receive comprehensive executor and beneficiary guides, and get LPA information to complete their estate planning. When you recommend WUHLD, you remove the biggest barriers to will creation: complexity and cost.

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

Start creating your will now — it's quick, affordable, and backed by legal experts.

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Legal Disclaimer: This article provides general information for financial advisors and does not constitute legal advice. Advisors should not draft wills or provide legal interpretations. For complex estates or specific legal questions, clients should consult qualified solicitors. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice.

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