Dr. Sarah Mitchell, a 42-year-old consultant anaesthetist at a Birmingham hospital, died unexpectedly from a brain aneurysm in March 2024. Eighteen months later, her husband received a letter: a clinical negligence claim had been filed against Sarah's estate for an incident that occurred six months before her death. The claim sought £380,000 in damages.
Sarah had medical indemnity insurance through the MDU, but her husband had no idea whether the policy still covered her—or if their family home was at risk.
This scenario plays out more often than you might think. Medical negligence claims can be filed years after an incident occurs, and claims against deceased doctors are legally pursued against their estates. According to NHS Resolution's annual statistics, 14,428 new clinical negligence claims were received in 2024/25, with total costs reaching £3.1 billion.
For UK medical professionals, understanding how your indemnity insurance protects your estate after death isn't just important—it's essential for protecting your family's financial future.
Why Medical Indemnity Insurance Matters to Your Estate
Most doctors focus on NHS pensions and private practice income when planning their estates. Few consider professional liability as an estate risk.
That's a dangerous oversight.
Under the Law Reform (Miscellaneous Provisions) Act 1934, a deceased person's estate can face personal injury claims for incidents that occurred before death. The Fatal Accidents Act 1976 goes further, allowing dependents to claim financial, practical, and emotional losses following a death.
Claims can be made up to three years from the "date of knowledge"—when the claimant discovered the negligence. This discovery can happen years, even decades, after the incident occurred. For a doctor who dies at 45, claims could theoretically arrive when their children are grown and their spouse has remarried.
The numbers tell the story. NHS Resolution data shows that clinical negligence claims increased by 5% in 2024/25 compared to the previous year, with damages payments to claimants rising to £2.3 billion. The trend isn't slowing down.
Here's what most doctors don't know: the right to pursue a compensation claim is considered an item of property. According to HMRC guidance IHTM10263, if your estate has a potential claim to pursue (for example, if you died from someone else's negligence), that claim's value is included in your estate valuation for inheritance tax purposes.
It works both ways. Claims against your estate reduce what your beneficiaries inherit. Claims by your estate can increase your inheritance tax liability.
Dr. James Thompson, a 58-year-old orthopaedic consultant from Manchester, discovered this complexity when settling his father's estate. His father, also a consultant, had died from medical negligence during a routine procedure. The compensation claim his father's estate could pursue was valued at £120,000. That amount was added to the estate for inheritance tax purposes, increasing the IHT bill by £48,000—money the estate had to find before the compensation was even received.
Understanding Your Medical Indemnity Coverage Type
Not all medical indemnity is created equal. The type of coverage you have directly affects whether your estate is protected after your death.
There are two fundamental types: occurrence-based and claims-made.
Occurrence-based indemnity covers incidents that occur during your membership period, regardless of when the claim is made. If you're a member when the incident happens, you're covered—even if the claim arrives ten years after you retire, or five years after you die.
This type provides automatic estate protection. The three main UK medical defence organisations—MDU, MPS, and MDDUS—traditionally offer occurrence-based coverage.
MDDUS explicitly states: "Your estate will likewise be supported after your death." There's no need to purchase additional run-off cover. No extra premiums. No paperwork. The protection continues for as long as claims can legally be made.
Claims-made indemnity only covers incidents that occur AND are reported during the policy period. If you're not a member when the claim is made, you're not covered—regardless of when the incident occurred.
For estate protection, this creates a critical gap. Unless you purchase separate "run-off cover," your estate remains personally liable for any claims made after your membership ends.
Claims-made policies are more common with commercial insurance companies than with medical defence organisations. They often cost less annually, which makes them attractive. But that saving can become catastrophic if you don't understand the long-term implications.
Dr. Robert Patel, a 52-year-old GP from Leeds, switched from the MPS to a commercial claims-made policy in 2019 to save £800 annually. He retired in 2023 and died unexpectedly in 2025. In 2027, a claim was made against his estate for an incident in 2022. His family discovered he had no run-off cover. The £250,000 claim had to be defended and potentially paid from estate funds. His widow seriously considered selling the family home.
Here's the fundamental difference in a table:
Feature | Occurrence-Based | Claims-Made |
---|---|---|
Coverage trigger | When incident occurred | When claim is made |
Estate protection | Automatic and permanent | Only with run-off cover |
Typical providers | MDU, MPS, MDDUS | Commercial insurers |
Additional cost for run-off | None | £3,000-£15,000+ (one-time or annual) |
Duration of protection | Lifetime | 21+ years (if purchased) |
If you're unsure which type you have, call your provider today. This isn't something to guess about.
What Is Run-Off Cover and Do You Need It?
Run-off cover continues to protect you and your estate after you permanently cease practice due to retirement, ill health, or death.
It's essential if you have claims-made indemnity. It's irrelevant if you have occurrence-based coverage.
The standard run-off period in the UK medical indemnity market is 21 years. Many providers, including Incision Indemnity and Medical Insurance Consultants, offer 21 years of run-off cover as standard.
Why 21 years? It accounts for three factors:
First, the three-year limitation period from date of knowledge can extend far beyond the incident. A patient might not discover a surgical error until a later procedure reveals it years down the line.
Second, paediatric cases have extended limitation periods. A child can bring a claim until their 21st birthday. If you treated a newborn in your final year of practice, claims could arrive two decades later.
Third, some types of harm have long latency periods. Certain medications, devices, or treatments may not cause discoverable harm for years or decades.
Without run-off cover, every one of these claims becomes a personal liability against your estate.
Dr. Emma Chen, a consultant obstetrician, retired at 60 after a successful 35-year career. She'd switched to a claims-made policy five years before retirement to reduce costs. When she retired, she was quoted £12,000 for 21 years of run-off cover. She considered it expensive and decided to "take the risk."
Seven years into retirement, a claim was made regarding a delivery she'd attended in her final year of practice. The family alleged that their daughter's cerebral palsy resulted from Emma's decisions during labour. The claim sought £650,000 in lifetime care costs.
Emma's estate—everything she and her husband had worked for—was at risk. They hired a barrister privately at £18,000 in fees before the case was even fully prepared. Eventually the claim was settled for £180,000, paid from Emma's savings and requiring the sale of a buy-to-let property they'd planned to leave to their children.
That £12,000 run-off premium suddenly looked like the bargain of the century.
Here's what happens without run-off cover: your executor becomes personally responsible for defending claims using estate assets. Your family home, savings, investments—everything in your estate can be used to satisfy judgments. Depending on the claim's value and your estate's size, your beneficiaries could inherit nothing.
If you have occurrence-based indemnity from MDU, MPS, or MDDUS, you don't need separate run-off cover. It's built in. If you have claims-made coverage, verify that run-off is in place and paid for—not just quoted or "planned for later."
How Medical Defence Organisations Protect Your Estate
The UK's three main medical defence organisations—the Medical Defence Union (MDU), the Medical Protection Society (MPS), and the Medical and Dental Defence Union of Scotland (MDDUS)—operate differently from commercial insurance companies.
They're non-profit mutual organisations. You're not buying a product; you're joining a membership organisation that provides discretionary assistance.
The key benefit: occurrence-based indemnity as standard.
According to information published by Peninsula Primary Care, MDDUS membership provides assistance "for all events that occur while they are a member, regardless of when an actual claim is made."
This applies even if you've moved abroad, ceased clinical work, retired, or died.
Your estate receives the same medico-legal support you would have received: expert legal representation, medical expert witnesses, full defence costs, and settlement payments if necessary. Your executor doesn't pay a penny.
There's no additional premium, no run-off purchase, no paperwork. Estate protection is automatic.
Medical defence organisations also provide something commercial insurers typically don't: medico-legal advice throughout your career. They're not just writing cheques when claims arrive; they're helping you avoid claims in the first place through guidance on documentation, consent, and professional standards.
Dr. Aisha Mahmood, a GP in Glasgow, had been a MDDUS member for 22 years when she died at 49 from ovarian cancer. Three years later, her widower received notification of a clinical negligence claim related to a missed diagnosis from 2021. He called MDDUS, uncertain if Aisha's membership still applied.
Within 48 hours, MDDUS assigned a case manager, instructed a solicitor, and confirmed that the estate would be fully indemnified. The case was successfully defended without any cost to the estate. Aisha's widower later said: "I had no idea the protection continued after death. That membership fee was the best money she ever spent."
Compare this to commercial insurance policies, which:
- Operate on a claims-made basis (requiring separate run-off purchase)
- Are profit-driven (premiums and payouts are commercial transactions)
- Typically don't provide ongoing medico-legal advice
- May have policy limits or exclusions that don't apply with MDOs
- Can increase premiums significantly or refuse renewal based on claims history
Here's the comparison in table form:
Aspect | MDU/MPS/MDDUS | Commercial Insurers |
---|---|---|
Structure | Non-profit mutual | For-profit company |
Coverage basis | Occurrence-based | Usually claims-made |
Estate protection | Automatic | Requires run-off purchase |
Medico-legal support | Extensive, ongoing | Limited or none |
Run-off cost | £0 (included) | £3,000-£15,000+ |
Policy limits | Discretionary (no fixed limit) | Fixed policy limits |
If you're currently with a medical defence organisation and considering switching to save money, understand exactly what you're giving up. The annual saving might be £500-£1,000. The risk to your estate could be £500,000 or more.
What Happens When a Claim Is Made Against Your Estate
Understanding the process helps reduce the anxiety that comes with uncertainty.
When a claim is made against a deceased doctor's estate, the legal framework involves two key Acts of Parliament.
The Law Reform (Miscellaneous Provisions) Act 1934 allows claims for pain and suffering the deceased experienced before death, plus any financial losses from the date of the incident until death.
The Fatal Accidents Act 1976 allows dependents of a deceased person to claim compensation for their loss of financial support, services, and in some cases, bereavement damages.
Both types of claims can be brought against your estate.
Here's what happens step-by-step:
First, your executor or personal representative receives the claim letter. This usually comes from the claimant's solicitor and will outline the allegations, the period during which the incident occurred, and the compensation sought.
Second, your executor must notify your indemnity provider immediately. If you had occurrence-based coverage, the provider takes over from this point. If you had claims-made coverage without run-off, your executor must find legal representation and pay for it from estate funds.
Third, the indemnity provider (or the estate's solicitor) investigates the claim, obtains medical records, and instructs expert witnesses. This process can take months or even years.
Fourth, the case proceeds either to settlement negotiations or, rarely, to court. NHS Resolution data shows that 83% of clinical claims in 2024/25 were resolved without legal proceedings, through early negotiation and alternative dispute resolution.
Finally, if the claim succeeds, your indemnity provider pays the settlement (if you're covered), or the estate pays it from inheritance assets (if you're not).
Throughout this process, what's at risk depends entirely on your coverage.
Dr. Michael Fraser, a consultant cardiologist from Edinburgh, was an MPS member when he died at 54. Fourteen months after his death, his estate received a claim for £180,000 related to a procedure in 2022. His executor, his brother David (also a doctor), immediately contacted MPS.
MPS confirmed coverage, assigned a specialist medical negligence solicitor, and managed the entire defence. The case settled for £120,000 after expert evidence supported the claim. MPS paid the full settlement plus all legal costs. The Fraser family inheritance was completely protected.
Contrast this with Dr. Robert Patel's situation from earlier—claims-made policy, no run-off, estate personally liable.
The timeline matters too. Claims can be made up to three years from the date the claimant became aware (or should reasonably have become aware) of the negligence. For a doctor who dies at 50, claims relating to their entire career could arrive when they're 53—three years after their death—if that's when a patient discovered the harm.
Your executor's role is critical. They must:
- Notify your indemnity provider immediately upon receiving any claim letter
- Provide all requested documentation and medical records
- Cooperate fully with legal proceedings
- Protect estate assets until claims are resolved (not distributing the full estate to beneficiaries too early)
- Keep beneficiaries informed throughout the process
Choosing the right executor is therefore essential for medical professionals. You need someone who understands the possibility of professional claims and will handle them appropriately.
Medical Indemnity and Inheritance Tax Implications
The intersection between medical indemnity, compensation claims, and inheritance tax is complex. Most doctors have never considered it.
Here's the critical principle: the right to pursue a compensation claim is an item of property and therefore an asset of the estate, according to HMRC guidance IHTM10263.
This creates two scenarios:
Scenario One: Claims by your estate
If you died as a result of someone else's negligence (for example, a road traffic accident or medical error during your own treatment), your estate may have a claim to pursue under the Fatal Accidents Act or the Law Reform Act.
That potential claim has value. HMRC requires your personal representatives to include the open market value of that claim in your estate for inheritance tax purposes.
The valuation depends on what was known or capable of being known at the date of death about the likely compensation amount and the time delay before payment.
Personal representatives must record potential claims on the IHT400 form.
Dr. Anita Desai, a consultant radiologist with an estate valued at £850,000, died from complications following surgery at a private hospital. Her family believed the hospital had been negligent. An initial legal opinion valued a potential medical negligence claim at £120,000.
That £120,000 was added to her estate for IHT purposes, bringing the total to £970,000. With a nil-rate band of £325,000 and residence nil-rate band of £175,000 (total £500,000), the taxable estate became £470,000. At 40%, the IHT increased by £48,000 due to the potential claim value—money the estate had to find before the claim was even pursued or won.
Scenario Two: Claims against your estate
When claims are made against your estate, the liability reduces the estate's value before distribution to beneficiaries. However, your medical indemnity coverage (not the estate) typically pays these claims.
The indemnity coverage itself isn't an asset included in your estate for IHT purposes—it's protection, not property you own.
But there's a bigger IHT issue facing medical professionals: pensions.
From April 2027, unused pension funds will be included in estates for inheritance tax purposes. The government estimates that 10,500 additional estates will face IHT liability, with approximately 38,500 estates paying more IHT than before—an average increase of £34,000.
For high-earning consultants, this is significant.
NHS consultant salaries range from £109,725 to £145,478, with many earning additional income from private practice (often £50,000-£300,000+ annually). Pension pots of £800,000 to £1.5 million are common.
Add a family home in the South East (£600,000+), savings (£100,000+), and potentially a share in a private practice (£200,000-£500,000), and estates can easily exceed £1.5-2 million.
With the residence nil-rate band (£175,000 per person) and standard nil-rate band (£325,000 per person), a married couple can pass on £1 million tax-free to direct descendants. Everything above that is taxed at 40%.
A consultant who dies with a £1.2 million pension, £700,000 home, and £300,000 in other assets has a £2.2 million estate. Even with the full £1 million in allowances (assuming married and home left to children), £1.2 million is taxable. That's an IHT bill of £480,000.
Estate planning for medical professionals must account for this reality. Strategies might include:
- Pension drawdown strategies to reduce the pension pot before death (requires financial planning advice)
- Life insurance written in trust to cover IHT liabilities (keeps the policy proceeds outside the estate)
- Gifting strategies using the £3,000 annual exemption and seven-year rule
- Trust arrangements for significant assets
These are complex areas requiring specialist financial and tax advice. The point here isn't to recommend strategies, but to emphasize that medical professionals with substantial estates need sophisticated planning—and their wills must work in harmony with these strategies.
Estate Planning for Private Practice and Locum Work
If you have private practice income or do locum work, your estate planning becomes more complex.
Private practice can be a valuable asset. GP practices are typically valued at 0.5-0.7 times annual revenue. Specialty practices in fields like dermatology, ophthalmology, or cosmetic medicine can command higher multiples. A consultant with £300,000 annual private practice revenue might have a business valued at £150,000-£210,000.
But here's the problem: you can't just leave a medical practice to anyone. Only another registered medical professional can take over patient care, access medical records, and continue providing clinical services.
If your will leaves "my private practice to my spouse" and your spouse isn't a doctor, your executor faces a nightmare.
Dr. Priya Sharma, a dermatology consultant in London, built a thriving private practice over 15 years, seeing 200+ private patients annually and generating £400,000 in revenue. Her practice was valued at approximately £300,000.
When Priya died suddenly at 48, her will left everything to her husband and two daughters. None were medically trained.
Her executor (her brother, also a consultant) had to immediately stop taking new patients, wind down existing treatment plans, transfer patient records to other providers, and liquidate medical equipment and premises lease obligations. The practice, which could have been sold to another dermatologist for £300,000, was instead dismantled piecemeal. The estate recovered about £75,000—a £225,000 loss.
The correct approach includes:
First, specific succession planning in your will. Options include:
- Offering the practice first to a named colleague or partner at a predetermined valuation formula
- Granting your executor 12 months to find a suitable buyer from the medical profession
- Including detailed wind-down provisions if no buyer is found
- Specifying how patient records will be transferred in compliance with GMC guidance
Second, ensuring continuity of indemnity coverage. Your private practice work must be covered separately from NHS work. The NHS Clinical Negligence Scheme for Trusts only covers NHS employment—private practice requires your own indemnity.
If you do both NHS and private work, verify that your indemnity covers both. Many doctors assume their MDU or MPS membership covers everything, and it often does—but always check.
Third, addressing locum work gaps. If you work across multiple trusts, private hospitals, or care settings, confirm each location is covered. Some policies exclude certain types of work (for example, cosmetic procedures or overseas medical work).
Dr. James Liu, a GP who did locum work at care homes in addition to his main practice, discovered after a claim that his indemnity policy excluded care home work. He'd been working uninsured for three years. When a claim was made, his personal assets were at risk. He settled personally for £45,000 rather than face a full trial.
Your will should also address:
- Medical equipment (who receives it, or instructions to sell it)
- Professional memberships (Royal Colleges, specialist societies)
- Ongoing CPD courses or conference commitments you've paid for
- Medical library or textbooks
- Professional reputation management (some doctors include wishes about how medical records queries should be handled to protect their legacy)
For doctors with substantial private practice, complex partnership arrangements, or international work, a generic online will may not suffice. Consider solicitor advice to ensure succession planning is watertight, then use that planning to inform your will provisions.
What to Include in Your Will as a Medical Professional
Your will as a doctor needs to go beyond standard estate planning.
Executor selection is your first critical decision.
Choose someone who understands professional responsibilities. Many doctors appoint two executors: a family member who understands their wishes and values, plus either a professional colleague or a solicitor who understands medical-legal complexities.
Your executor will need to:
- Identify and notify your medical indemnity provider immediately
- Locate and secure medical records if you have private practice
- Handle ongoing patient inquiries professionally
- Manage potential claims appropriately
- Wind down or transfer private practice if applicable
A spouse who's never dealt with clinical negligence claims may struggle. A solicitor executor with medical professional experience is ideal.
Indemnity documentation should be referenced in your will or in a letter of wishes kept with it.
Include:
- Your indemnity provider name (MDU, MPS, MDDUS, or commercial insurer name)
- Membership or policy number
- Coverage type (occurrence-based or claims-made)
- Confirmation that run-off cover is in place (if claims-made)
- Contact information for your provider
This allows your executor to immediately contact the right organization when needed.
Professional assets must be specifically addressed.
- Private practice: succession plan, sale provisions, wind-down timeline
- Medical equipment: beneficiaries or sale instructions
- Professional memberships: cancellation instructions
- Medical records: transfer, storage, and GMC compliance provisions
Notification requirements should be explicit.
Instruct your executor to notify:
- Your medical indemnity provider
- Your NHS trust or health board
- The GMC (to remove you from the register)
- Private hospitals where you hold practising privileges
- Any professional bodies where you hold positions
Run-off cover verification is essential if you have claims-made coverage.
Include a statement confirming run-off cover is paid for and attach proof of purchase. If it's not yet purchased (for example, you're still in practice), include instructions and funds for your executor to purchase it immediately upon your death.
Letter of wishes is a separate document that provides context your will can't.
Include:
- Explanation of your professional liabilities and ongoing cases
- Any known incidents that could lead to future claims
- Guidance on handling patient inquiries or medical records requests
- Wishes regarding professional reputation (for example, how you'd like colleagues to be informed)
- Explanation of complex assets like private practice equity or partnerships
The letter of wishes isn't legally binding, but it helps your executor make informed decisions.
Here's a checklist of what every medical professional's will should include:
- Executors who can handle medical-legal complexity (ideally two: family + professional)
- Clear identification of medical indemnity provider and policy details
- Succession plan for private practice (if applicable)
- Instructions for medical equipment and professional assets
- Patient records transfer and storage provisions
- Notification list for professional organizations
- Run-off cover confirmation (if claims-made coverage)
- Reference to letter of wishes with professional context
- Guardian appointments (if you have children under 18)
- Standard will provisions: beneficiaries, residuary estate, funeral wishes
Review your will annually as your practice, indemnity, and assets change. A will written when you were a junior doctor with NHS-only work becomes inadequate once you've built a £400,000 private practice.
Protecting Your Family: Action Steps for Medical Professionals
You now understand the risks. Here's exactly what to do.
Step 1: Verify your indemnity coverage type
Call your provider today. Ask explicitly: "Do I have occurrence-based or claims-made indemnity?" If the person answering can't tell you immediately, ask to speak with someone who can.
If you have occurrence-based coverage (MDU, MPS, MDDUS), your estate is automatically protected. If you have claims-made coverage, proceed to Step 2.
Step 2: Confirm run-off coverage is in place
If you have claims-made coverage, ask: "Is run-off cover included in my policy, and if not, what will it cost?"
Standard run-off should cover at least 21 years. Verify this in writing. If run-off isn't included, get a quote and seriously consider purchasing it—especially if you're approaching retirement or have any health concerns.
Step 3: Create or update your will with medical professional-specific provisions
Use the checklist from the previous section. Your will must account for your professional responsibilities, not just your personal assets.
For straightforward estates—where you have occurrence-based indemnity, no complex private practice partnerships, and assets primarily in your home, pensions, and savings—WUHLD's online will service provides everything you need.
For complex estates involving substantial private practice equity, partnership agreements, or international assets, consider solicitor advice for the succession planning, then incorporate those provisions into your will.
Step 4: Choose executors who can handle professional complexities
Don't default to "my spouse and my sibling." Think carefully about who can navigate medical-legal claims, professional notifications, and practice wind-down.
Consider appointing a medical colleague who understands the profession, or a solicitor with medical professional experience, as a co-executor alongside a family member.
Step 5: Document all professional liabilities in a letter of wishes
Create a separate document (not part of your will, but kept with it) that explains:
- Your indemnity coverage and provider
- Any ongoing cases or complaints you're aware of
- Any incidents you're concerned might lead to future claims
- Your private practice structure and key contacts
- Instructions for handling professional reputation
Update this annually or whenever something significant happens.
Step 6: Review private practice succession planning
If you have private practice, document:
- How the practice should be valued
- Who should be offered it first
- Timeline for finding a buyer
- Wind-down procedures if no buyer is found
- Patient records transfer protocols
Get this reviewed by a solicitor experienced in medical practice succession.
Step 7: Consider life insurance in trust for IHT liabilities
If your estate is likely to exceed £1 million (for married couples with children) or £500,000 (for singles), you'll face inheritance tax.
With pensions included from April 2027, many consultants will have IHT liabilities of £200,000-£500,000 or more.
Life insurance written in trust sits outside your estate and can provide immediate funds to pay IHT without forcing asset sales. This requires financial planning advice, but it's worth exploring.
Step 8: Review everything annually
Your practice changes. Your assets grow. Your indemnity arrangements might change. Your family circumstances evolve.
Set a recurring annual reminder to:
- Verify your indemnity coverage is still appropriate
- Update your letter of wishes with any new incidents or concerns
- Review your will to ensure it reflects current assets and wishes
- Check that executor appointments still make sense
- Confirm run-off cover is still in place (if applicable)
Most medical professionals with occurrence-based indemnity from MDU, MPS, or MDDUS already have strong estate protection. The will ensures everything else is in order—guardians for children, asset distribution, executor appointments, and professional succession planning.
For doctors with claims-made coverage, the stakes are higher. Run-off cover becomes non-negotiable.
Either way, the peace of mind from knowing your family is protected is worth far more than the time and money invested in proper planning.
Frequently Asked Questions
Q: Will my medical indemnity insurance automatically protect my estate after I die?
A: It depends on your coverage type. Occurrence-based indemnity (offered by MDU, MPS, and MDDUS) automatically protects your estate for incidents that occurred during your membership, with no additional cost. Claims-made indemnity requires separate run-off cover to protect your estate—without it, your family is personally liable for claims.
Q: What's the difference between occurrence-based and claims-made indemnity for estate planning?
A: Occurrence-based covers incidents that happen during your membership regardless of when claims are made, providing permanent estate protection at no extra cost. Claims-made only covers claims made while you're a member, requiring you to purchase run-off cover (typically £3,000-£15,000+) to protect your estate after you stop practicing or die.
Q: How long can claims be made against my estate after I die?
A: Claims can be made up to three years from the "date of knowledge"—when the claimant discovered or should reasonably have discovered the negligence. Since this discovery can happen years after the incident, claims against your estate could arrive decades after the medical event occurred, particularly in cases involving children or latent harm.
Q: Do I need to mention my medical indemnity in my will?
A: You don't legally need to, but it's highly advisable to include your indemnity provider details in a letter of wishes kept with your will. This allows your executor to immediately contact the right organization when a claim arrives. Include the provider name, membership number, coverage type, and confirmation of run-off cover if applicable.
Q: What happens to my private practice when I die?
A: Your private practice can only be transferred to another registered medical professional. If your will doesn't include specific succession planning—such as offering it to a colleague or providing a wind-down timeline—your executor may have to liquidate it at a significant loss. Proper planning in your will can preserve substantial value for your beneficiaries.
Securing Your Professional Legacy
You've dedicated your career to protecting patients' health and saving lives. That commitment has created professional responsibilities that extend beyond your lifetime.
The combination of proper medical indemnity coverage and a comprehensive will ensures that your estate—and your loved ones—are shielded from professional liabilities long after you're gone.
Most UK doctors are already well protected. 56% of UK adults don't have a will, but medical professionals tend to be more organized. If you have occurrence-based indemnity from a medical defence organisation, you're ahead of the game. Your will just needs to tie up the remaining pieces.
Key actions to take:
- Verify you have occurrence-based indemnity (MDU, MPS, MDDUS) or claims-made with adequate run-off cover for at least 21 years
- Create or update your will to include medical professional-specific provisions: executor selection, private practice succession, indemnity documentation
- Document all professional liabilities and potential future claims in a letter of wishes kept with your will
- Review your estate planning annually, especially as the April 2027 pension IHT changes approach for high-earning consultants
- Consider life insurance in trust to cover IHT liabilities without burdening your estate or forcing asset sales
Creating a will that accounts for your professional responsibilities doesn't have to be complicated or expensive.
WUHLD's online will service lets you create a legally valid UK will in just 15 minutes for £49.99—a fraction of the £650+ you'd pay a solicitor. You can preview your complete will free before paying anything, with no credit card required. You'll receive four essential documents: your will, a 12-page Testator Guide explaining how to execute it properly, a Witness Guide, and a Complete Asset Inventory.
For straightforward estates—where you have occurrence-based indemnity coverage, standard NHS pension and personal assets, and no complex business partnerships—WUHLD provides everything you need. For complex medical practice succession involving substantial private practice equity or intricate partnership structures, we'll help you identify when additional solicitor advice is beneficial.
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Legal Disclaimer: This article provides general information about UK medical indemnity and estate planning. It does not constitute legal or financial advice. For advice specific to your individual situation, please consult a qualified solicitor or financial advisor. WUHLD's online will service is suitable for straightforward UK estates; complex situations involving substantial private practice assets, multiple properties, or intricate business succession may require professional legal advice.
Medical Indemnity Disclaimer: This article explains general principles of medical indemnity coverage. Always verify your specific coverage details directly with your medical defence organisation or insurance provider. Coverage terms, run-off provisions, and estate protection mechanisms vary by provider and policy type.
Inheritance Tax Disclaimer: Inheritance tax rules are complex and subject to change. The information about the April 2027 pension changes is based on government consultation responses published in 2025. For personalized tax planning advice, consult a qualified tax advisor or financial planner specializing in medical professionals.
Sources:
- NHS Resolution Annual Statistics 2024-25
- MDDUS Medical Indemnity Information
- Law Reform (Miscellaneous Provisions) Act 1934 - legislation.gov.uk
- HMRC Internal Manuals: IHTM10263 - Compensation for Personal Injuries on Death
- Gov.UK - Inheritance Tax on Pensions: Summary of Responses
- Gov.UK - NHS Pay Award 2025 to 2026 for Consultants
- Money and Pensions Service - UK Adults Without Wills Statistics
- Peninsula Primary Care - Introduction to MDDUS
- Incision Indemnity - What Is Run Off Cover?