Note: The following scenario is fictional and used for illustration.
Emma, 42, received a call from her late aunt's solicitor three weeks ago. She'd been named as a beneficiary in the will—but since then, nothing. She doesn't know how much she's inheriting, when she'll receive it, or what documents she needs to provide. When she called the executor (her cousin), he said "probate takes time" and couldn't give her a timeline. Emma's caught between grief and practical concern—she needs to know what happens next.
You're not alone. Every year, hundreds of thousands of UK beneficiaries inherit assets, but few understand the process they're about to experience. According to HMRC, 31,500 estates paid inheritance tax in 2022-23, while many more smaller estates were distributed without tax implications. Whether you're inheriting £5,000 or £500,000, the process follows the same legal framework—and understanding it will save you months of uncertainty.
This guide explains everything you need to know as a beneficiary: what documents you'll need, realistic timelines, your legal rights, tax implications, and what to do if things go wrong.
Table of Contents
- Understanding Your Role as a Beneficiary
- What Happens Before You Receive Your Inheritance
- Documents and Information You'll Need to Provide
- Inheritance Tax: What You Need to Know as a Beneficiary
- Timeline Expectations: When Will You Actually Receive Your Inheritance?
- Your Legal Rights as a Beneficiary
- What to Do If the Executor Is Taking Too Long
- What to Do With Your Inheritance Once You Receive It
- Common Problems and How to Solve Them
- Frequently Asked Questions
Understanding Your Role as a Beneficiary
A beneficiary is someone named in a will (or entitled under intestacy rules) to receive assets from a deceased person's estate. Your role is largely passive—you wait while the executor completes the legal process of administering the estate.
There are three types of beneficiaries you should understand:
Specific beneficiaries inherit particular items named in the will ("my diamond ring to my daughter Sarah"). Pecuniary beneficiaries receive fixed sums of money ("£10,000 to my nephew James"). Residuary beneficiaries share what remains after all debts, taxes, and specific gifts have been paid—this is often the most valuable inheritance.
Your fundamental right as a beneficiary is straightforward: you're entitled to receive what the will specifies, subject to the estate's debts being paid first. If the deceased owed £100,000 but only had £80,000 in assets, creditors get paid and beneficiaries receive nothing. The estate's debts always take priority.
Here's the crucial limitation: beneficiaries have no authority to access bank accounts, sell property, or distribute assets. Only executors hold that power. You cannot force the executor to speed up the process, access the deceased's financial information without their permission, or make decisions about estate assets.
This often frustrates beneficiaries who feel powerless during the months-long wait.
Sarah inherited her father's house jointly with her brother as residuary beneficiaries. She wanted to visit the property to collect family photos, but discovered she had no legal right to access it until probate was granted and the executor formally transferred ownership—a process that took 8 months. Until then, only the executor could enter the property.
Understanding this early helps manage expectations. You're entitled to what's coming to you, but you cannot control the timeline. The executor works on the estate's schedule, not yours.
What Happens Before You Receive Your Inheritance
The executor follows a structured legal process before distributing anything to beneficiaries. Understanding these steps explains why inheritance takes months, not weeks.
Month 1-2: Initial notification and estate valuation
The executor locates the will and notifies all named beneficiaries, usually within weeks of the death. They then identify every asset the deceased owned—bank accounts, property, investments, personal possessions—and obtain valuations. Property valuations alone can take 2-4 weeks.
Month 2-4: Inheritance tax assessment and payment
If the estate exceeds the tax-free threshold, the executor calculates inheritance tax and pays it from estate funds before applying for probate. This tax is due within 6 months of death, and the estate often needs to sell assets or borrow money to pay it. Tax-free thresholds are £325,000 plus an additional £175,000 if passing a family home to children, totalling up to £500,000 for individuals or £1 million for married couples.
Month 3-5: Probate application and grant
Once valuations are complete and tax paid, the executor applies for probate. This is the legal document that proves the executor's authority to access the deceased's accounts and distribute assets. According to government data from February 2025, probate applications now average just over 4 weeks for processing, down from 12 weeks at the end of 2023. Digital applications, which account for around 80% of submissions, can be processed in as little as 2 weeks.
Month 5-8: Asset collection and debt settlement
With probate granted, the executor contacts every bank, pension provider, and investment firm to close accounts and collect funds. If the estate includes property, they arrange its sale unless a beneficiary is inheriting it. Property sales typically take 3-6 months through the normal conveyancing process.
The executor also pays all outstanding debts—funeral costs, utility bills, credit cards, loans—from the estate. Creditors have a statutory period to submit claims, usually 2-6 months, and the executor must wait for this period to expire before distributing anything.
Month 8-10: Final accounting
The executor prepares estate accounts showing all assets collected, debts paid, and planned distributions. Residuary beneficiaries are entitled to see these accounts, though specific gift beneficiaries usually are not.
Month 10-12: Distribution to beneficiaries
Only after all of the above is complete does the executor distribute inheritances. They typically transfer money electronically and arrange property transfers through solicitors.
This timeline varies enormously based on estate complexity:
| Estate Complexity | Typical Timeline | Common Delays |
|---|---|---|
| Simple (cash/savings only, no IHT) | 4-6 months | Bank bureaucracy, missing documents |
| Moderate (property, standard IHT) | 6-12 months | Property valuation, tax calculations |
| Complex (business assets, foreign property, disputes) | 12-18+ months | Asset sales, legal challenges, multiple jurisdictions |
Lisa's grandmother died in January. By March, the executor had applied for probate. By May, probate was granted. But Lisa didn't receive her inheritance until October—because her grandmother's flat took 4 months to sell. The 10-month timeline was completely normal, even though Lisa found the wait frustrating.
Documents and Information You'll Need to Provide
As a beneficiary, you don't need to provide documents immediately. Most executors request these 4-6 months into the probate process, when they're ready to distribute.
When the time comes, you'll need:
Proof of identity: A colour photocopy of your passport or UK driving licence. The executor needs to verify you're the person named in the will. Most accept clear photocopies—you rarely need to send original documents.
Proof of address: A recent utility bill, bank statement, or council tax bill dated within the last 3 months. This confirms your current contact information for sending funds.
Bank details: Your bank account number and sort code for electronic transfer. This is the most common method of distributing cash inheritances. Make sure you provide details for an account in your name—executors cannot transfer to joint accounts or third parties.
Bankruptcy search consent: The executor may conduct an official bankruptcy search against your name before releasing funds. This protects them legally—if you're bankrupt, your inheritance goes to the trustee in bankruptcy, not to you. You don't conduct this search yourself; the executor does it, but they may ask you to sign a consent form.
Beneficiary questionnaire: Some executors send forms asking about your relationship to the deceased and whether you've received any gifts from them in the last 7 years. This information is for HMRC records, particularly if the estate is close to inheritance tax thresholds.
What you don't need:
You don't need a solicitor to receive an inheritance. You don't need to attend probate interviews. You don't need to prove your claim if you're named in the will—the will itself is proof. You don't need to chase the executor for updates every week—they're working through a complex legal process and constant interruptions slow it down.
Special case: Property inheritance
If you're inheriting real estate, especially jointly with other beneficiaries, the process differs. You'll need to decide collectively what to do with it—sell immediately, let one person buy out the others, or keep it jointly for rental income. The executor needs these decisions before they can complete the estate distribution.
David received an email from his uncle's executor 7 months after the death, requesting his driving licence and bank details. He'd been anxious about not hearing anything—but this timing was completely normal. The executor had been completing probate and was finally ready to distribute.
Inheritance Tax: What You Need to Know as a Beneficiary
One of the biggest misconceptions about inheritance is who pays the tax. Here's the crucial principle: inheritance tax is paid by the estate before distribution, not by individual beneficiaries.
As of 2025, the nil-rate band is £325,000, plus an additional £175,000 residence nil-rate band if you leave your family home to direct descendants, totalling up to £500,000 tax-free for individuals. Married couples and civil partners can combine their unused allowances, potentially passing on up to £1 million tax-free. These thresholds are frozen until 2030.
The headline inheritance tax rate is 40% on amounts above the threshold. However, the average effective tax rate is only 13% due to numerous exemptions and reliefs. In 2022-23, 31,500 estates paid inheritance tax totalling £6.70 billion—just 4.62% of all UK deaths.
What beneficiaries don't pay
You don't receive a tax bill for inheriting. The executor calculates inheritance tax, pays it from estate funds (sometimes by selling assets), and distributes what remains. When you receive £100,000 from an estate, that money arrives tax-free—the estate already paid any applicable tax.
Tax-free inheritances
Anything inherited from a spouse or civil partner is completely exempt from inheritance tax, regardless of value. Gifts to UK registered charities are also exempt. These exemptions mean many estates pay no tax despite being valuable.
What beneficiaries might pay later
While you don't pay tax on receiving inheritance, you may owe tax on what you do with it afterward:
Capital gains tax: If you inherit property and later sell it for more than its probate value, you owe capital gains tax on the profit. For example, if you inherit a house valued at £300,000 at death and sell it 2 years later for £350,000, you may owe capital gains tax on the £50,000 profit (minus your annual exemption and costs).
Income tax: Any income generated by inherited assets is taxable. If you inherit a rental property and collect £1,000 monthly rent, that rental income is taxable. If you inherit shares that pay dividends, those dividends are taxable. The inheritance itself was tax-free, but ongoing income isn't.
Example calculation:
Estate valued at £600,000 after debts:
- Nil-rate band: £325,000 (tax-free)
- Residence nil-rate band: £175,000 (tax-free if left to children)
- Taxable amount: £100,000
- Tax due: £40,000 (40% of £100,000)
- Beneficiaries receive: £560,000 total
The estate paid the £40,000 tax before distribution. Beneficiaries split the £560,000 according to the will and never see a tax bill. This is how inheritance tax works in practice.
Partial distributions
Sometimes executors make interim payments to beneficiaries before final tax calculations are complete, but only if they're certain the estate has sufficient funds to cover all debts and tax. These partial distributions are uncommon and only happen when the estate is clearly solvent.
The key takeaway: inheritance tax is the estate's problem, not yours as a beneficiary. You receive whatever remains after the estate settles its tax bill.
Timeline Expectations: When Will You Actually Receive Your Inheritance?
This is the question every beneficiary wants answered: when will I actually receive the money?
The honest answer is it depends—but understanding what influences the timeline helps set realistic expectations.
Best case: 4-6 months
Simple estates with only cash and savings, no property, no inheritance tax, and a straightforward will can distribute in as little as 4-6 months. This requires:
- Digital probate application (processed in 2-4 weeks)
- No property to value or sell
- Estate value well below inheritance tax threshold
- All beneficiaries easily contactable
- No disputes or claims against the estate
Standard timeline: 6-12 months
Most estates fall into this category. They include property, may involve inheritance tax, require asset sales, and need time for creditor claims. Executors work methodically through the legal process without rushing, and probate applications now average just over 4 weeks, a significant improvement from 12 weeks in 2023.
Complex estates: 12-18+ months
Estates involving property sales, business assets, foreign assets, or disputes routinely take over a year. Consider:
- Property sales: Add 3-6 months for estate agent marketing, conveyancing, and completion
- Business valuations: Professional valuations of private companies take months
- Foreign assets: International probate processes run parallel to UK probate, each with its own timeline
- Disputes: Contested wills or beneficiary disagreements can add 6-12+ months or more
What's changed recently
The UK government significantly improved probate processing times through increased digitalization and staffing. As of December 2024, the average probate application is processed in just over 4 weeks, down from 12 weeks at the end of 2023. Around 80% of applications are now submitted digitally, and problem-free applications can be granted in under a week.
This improvement means executors spend less time waiting for probate grants and more time on asset collection and distribution—the parts that still take months.
Typical timeline visualization:
- Month 1-2: Executor locates will, notifies beneficiaries, begins estate valuation
- Month 2-4: Estate valued, inheritance tax calculated and paid if applicable
- Month 3-5: Probate application submitted and granted (4 weeks average)
- Month 5-8: Executor collects assets, sells property if needed, settles debts
- Month 8-10: Claims period for creditors, final estate accounting
- Month 10-12: Distribution to beneficiaries, estate closed
When to be concerned
If 12+ months have passed with no updates on a simple estate (no property, no disputes, under tax threshold), or 18+ months on any estate without explanation, it's reasonable to request an update. These timeframes suggest potential executor problems rather than normal delays.
Partial distributions
Some executors make partial payments to beneficiaries if they're certain the estate can cover all debts. For example, if an estate is valued at £500,000 with debts of £50,000, the executor might distribute £200,000 to beneficiaries after 8 months and hold the remaining £250,000 until everything is finalized. This practice varies—some executors do it, many don't.
The takeaway: expect 6-12 months as standard, understand what influences your specific timeline, and recognize that complexity extends it significantly.
Your Legal Rights as a Beneficiary
Understanding your rights as a beneficiary helps you know when to request information, when to wait patiently, and when to take action.
Right to be notified
Named beneficiaries must be informed of the death and their inheritance. The executor should contact you within weeks of death, even if distribution won't happen for months. If you believe you're a beneficiary but haven't been contacted, reach out to the executor or the deceased's solicitor.
Right to see the will
You can request to see the will from the executor if you're named as a beneficiary, though they're not legally required to share it before probate is granted. Once probate is granted, the will becomes a public document. Anyone can request a copy from the Probate Registry for £1.50, whether they're named in it or not.
Right to estate information
Residuary beneficiaries—those who share what remains after specific gifts and debts—have the right to request estate accounts. These accounts show all assets, their values, all debts paid, and the distribution calculation. The executor must provide these upon request.
Specific gift beneficiaries (those inheriting particular items) have more limited rights. They're entitled to know about their specific gift but not necessarily the entire estate's financial details.
Right to reasonable updates
You can request updates on probate progress. The executor should respond to reasonable enquiries about timeline and status. "Reasonable" means monthly or bi-monthly requests, not daily calls. The executor is not obligated to provide weekly detailed reports—they're managing a complex legal process.
If you believe the will is invalid, you were unduly excluded, or the executor is mismanaging the estate, you have legal standing to challenge. Common grounds include:
- Lack of testamentary capacity (deceased didn't understand what they were doing)
- Undue influence (someone pressured the deceased to change their will)
- Forgery or fraud
- Will not properly executed (witnessing requirements not met)
- Inheritance Act 1975 claims (certain dependants not adequately provided for)
Under the Inheritance (Provision for Family and Dependants) Act 1975, spouses, children, and dependants can claim reasonable financial provision even if the will excludes them. You must make these claims within 6 months of the probate grant.
What you cannot do
You cannot force the executor to speed up probate unless you can demonstrate misconduct. You cannot access the deceased's bank accounts or property without the executor's permission. You cannot remove the executor without a court order proving serious misconduct or incapacity.
Mark was named as a residuary beneficiary in his father's will. After 8 months with no updates from his brother (the executor), he formally requested estate accounts. His brother was legally required to provide them, which revealed the estate had been properly managed—Mark's anxiety was just lack of communication, not actual problems.
Your rights balance your legitimate interest in your inheritance with the executor's need to administer the estate properly without constant interference.
What to Do If the Executor Is Taking Too Long
Most executors work diligently, but delays happen. Some are legitimate, others suggest problems. Here's how to assess the situation and take appropriate action.
Step 1: Assess if the delay is genuinely unreasonable
Use the timeline guidance from earlier:
- 6 months for a simple estate with no updates: Concerning
- 12 months for an estate with property sales: Normal
- 18 months for a complex estate with business assets: Normal
- 12+ months for a simple estate with no communication: Red flag
Context matters. If the executor last contacted you 3 months ago saying "waiting for property sale to complete," that's different from radio silence for 9 months.
Step 2: Request a written update
Send a polite email or letter asking for a timeline and explanation of any delays:
"I'm writing to request an update on the administration of [deceased's name] estate. I understand these processes take time, but it's been [X] months since [last update/the death]. Could you please provide:
- Current status of probate application or grant
- Expected timeline for distribution
- Any issues causing delays I appreciate the work you're doing and just need to understand the current position."
Most executors respond within 1-2 weeks. If they're behind, this often prompts them to action.
Step 3: Formal written request
If you receive no response within 2-3 weeks, send a formal letter (not just email):
"I am writing to formally request an update on the administration of [deceased's name] estate and the expected timeline for distribution. As a named beneficiary, I am entitled to reasonable information about progress. Please respond within 14 days. If I do not receive a response, I will seek legal advice regarding next steps."
This signals you're serious and willing to take action.
Step 4: Contact other beneficiaries
If multiple beneficiaries are experiencing the same lack of communication, a collective request carries more weight. It also reveals whether the executor is communicating with some beneficiaries but not others (which suggests a specific problem with you, not general delays).
Step 5: Legal advice
If the executor remains unresponsive for 1-2 months after formal requests, consult a solicitor specializing in contentious probate. They can assess whether grounds exist for court action.
Grounds for removing an executor
Courts can remove executors for:
- Serious misconduct (stealing from estate, falsifying records)
- Conflicts of interest (benefiting inappropriately from position)
- Unreasonable delay without legitimate explanation
- Financial mismanagement (poor investment decisions, mixing estate funds with personal money)
- Incapacity (serious illness, mental incapacity)
Courts are reluctant to remove executors for mere slowness unless it's egregious. However, complete lack of communication for extended periods, especially on simple estates, can justify removal.
Alternative dispute resolution
Before court action, consider mediation. A neutral third party can help resolve disputes between beneficiaries and executors without the cost and stress of litigation.
Red flag checklist
Be concerned if:
- No communication for 3+ months after multiple contact attempts
- 12+ months with no progress on simple estate (no property, under IHT threshold)
- Executor refuses to provide any information about estate value or timeline
- Evidence of financial mismanagement (selling assets well below market value, using estate funds personally)
- Conflicts of interest (executor benefiting disproportionately, using estate assets personally)
Common legitimate delays
Before assuming the worst, understand these genuine hold-ups:
- Slow property markets (houses taking 6-9 months to sell)
- Foreign assets requiring international probate processes
- Missing beneficiaries requiring tracing services
- Complex inheritance tax calculations requiring HMRC correspondence
- Business valuations needing professional assessors
- Disputed debts requiring legal resolution
Sarah's uncle's executor took 14 months to distribute the estate. Sarah was frustrated until she learned the delays involved: a boundary dispute with a neighbour delaying property sale (4 months), HMRC querying agricultural relief claims (3 months), and tracing a missing beneficiary last heard from in Australia (5 months). All legitimate reasons, but communication would have eased her anxiety.
The key is proportionate response. Start with polite requests, escalate gradually, and only pursue legal action when genuine misconduct or unreasonable delay is clear.
What to Do With Your Inheritance Once You Receive It
Receiving inheritance is emotionally complex—grief mixed with sudden financial gain. Many people make poor financial decisions in this state. Here's how to handle your inheritance wisely.
Don't rush major decisions
Financial advisors consistently recommend a 3-6 month "cooling off" period before making significant purchases or investments. Your emotional state isn't conducive to rational financial planning in the months following a loss. Put the money in a savings account and wait.
Tom inherited £120,000 from his father. Within 3 months, he'd bought a new car (£35,000), gone on two holidays (£8,000), and lent money to friends (£15,000). A year later, he had £40,000 left and wished he'd waited to make decisions when grief wasn't clouding his judgment. Financial advisors recommend a 6-month "cooling off" period.
Prioritize high-interest debt
If you carry credit card debt, overdrafts, or high-interest personal loans, paying these off should be your first priority. Credit card interest rates of 20-30% far exceed any investment returns you're likely to earn. Eliminating this debt provides guaranteed "returns" equal to the interest rate.
Consider tax-efficient options
- ISAs (Individual Savings Accounts): Annual allowance of £20,000 grows completely tax-free. Max this out first.
- Pension contributions: Get tax relief on contributions up to your annual allowance (currently £60,000 or 100% of earnings, whichever is lower). Your £1,000 pension contribution costs you only £800 if you're a basic-rate taxpayer.
- Mortgage overpayments: Paying off your mortgage eliminates interest costs. A 4% mortgage interest rate means overpaying provides an effective 4% guaranteed return.
Property inheritance decisions
If you've inherited property jointly with others, you need collective decisions:
Option 1: Sell immediately and split proceeds Cleanest option, avoids ongoing co-ownership disputes. Market the property quickly and divide sale proceeds according to will percentages.
Option 2: One person buys out the others Requires property valuation and mortgage availability. The person keeping it pays others their share based on market value.
Option 3: Keep jointly and rent out Provides ongoing income but requires agreement on tenants, rent amounts, maintenance costs, and management responsibilities. Joint property ownership with family often creates conflicts—proceed carefully.
Option 4: One person lives in it rent-free This rarely works long-term. The person living there gains significant benefit (free housing) while others receive nothing. Usually leads to resentment.
If you cannot agree, any co-owner can apply to the court for an order of sale, forcing the property to be sold and proceeds divided.
Investment considerations
For inheritances over £50,000, consider consulting an independent financial advisor (look for "fee-only" advisors who don't earn commission on products they recommend). They can help with:
- Diversified investment portfolios matching your risk tolerance
- Tax-efficient investment structures
- Retirement planning (should you boost pension contributions?)
- Estate planning (how do you protect this wealth for your own beneficiaries?)
Update your own will
Receiving inheritance increases your estate value, which means your own will needs reviewing. If you had £50,000 in assets before and £200,000 after inheritance, your will should reflect how to distribute this larger estate. Creating or updating your will ensures your inheritance eventually passes to people you choose, not intestacy rules.
According to ONS data, individuals aged 55-64 are most likely to receive inheritances and receive the largest amounts. For those in the lowest wealth quintile, inheritances make up 44% of their total net worth—making smart inheritance management crucial for financial security.
Avoid emotional spending traps
The "windfall effect" is well-documented: people underestimate how quickly inheritance disappears when treating it as "extra" money rather than serious wealth. Common traps include:
- Lending money to family or friends (often not repaid)
- Funding other people's business ventures (high failure rate)
- Buying luxury items you wouldn't normally afford (depreciating assets)
- Supporting adult children beyond reasonable help (preventing their financial independence)
Think of inheritance as retirement security or generational wealth, not spending money.
Means-tested benefits warning
If you receive means-tested benefits (Universal Credit, Pension Credit, Housing Benefit), inheritance can affect eligibility. You must report large lump sums to the benefits office. The capital limit for most benefits is £16,000—exceeding this can disqualify you temporarily.
Common Problems and How to Solve Them
Even straightforward inheritances can hit snags. Here's how to solve the most frequent problems.
Problem 1: "I can't find the will"
Solution:
- Check with the deceased's solicitor if they had one—solicitors often store wills
- Contact the deceased's bank—some banks offer will storage services
- Search the National Will Register (£95 search fee)
- Check the Probate Registry for recent grants (£1.50 per will if already probated)
- Ask family members if they know where it was kept
If no will is found after thorough searching, the estate distributes under intestacy rules. GOV.UK has an intestacy calculator showing who inherits when there's no will.
Problem 2: "I'm inheriting jointly with people I don't get along with"
Solution: Joint property inheritance requires unanimous agreement on whether to sell, rent, or keep. If you fundamentally disagree, options include:
- Professional mediation to find compromise
- One person buying out the others (requires property valuation and financing)
- Court application for order of sale (forces sale and splits proceeds)
The court option is expensive (legal fees of £5,000-£15,000) but sometimes necessary when beneficiaries cannot compromise. Any co-owner can apply, and courts usually grant the order unless there are exceptional circumstances.
Problem 3: "The executor is also a beneficiary and I think they're taking more than their share"
Solution: Request estate accounts showing all distributions. If accounts show the executor receiving more than the will specifies, this is fraud—report to police and consult a solicitor immediately.
Executors can be personally liable for breach of fiduciary duty. They must act in all beneficiaries' interests, not just their own. Keep detailed records of all concerning behavior and communications.
Problem 4: "I've been offered an 'inheritance advance' loan"
Caution: These high-interest loans secured against expected inheritance charge substantial fees (often 20-40% of the inheritance amount). Only use in genuine emergencies—you're selling a portion of your inheritance at a massive discount.
Better option: Ask the executor if partial distribution is possible if the estate is clearly solvent and just waiting on final paperwork.
Problem 5: "The inheritance is less than I expected"
Reality check: Estate debts are paid first, which can significantly reduce distribution:
- Funeral costs (£4,000-£5,000 average)
- Outstanding mortgages or loans
- Credit cards and overdrafts
- Inheritance tax (40% on amounts over threshold)
- Executor fees (if a professional executor, they charge percentage)
- Legal and accounting fees
A £300,000 estate can easily reduce to £200,000 after debts and expenses.
If the will was recently changed excluding you or reducing your share, you may have grounds to challenge for undue influence or lack of testamentary capacity. Seek legal advice within 6 months of probate grant—this is the time limit for most will challenges.
Problem 6: "I was left out of the will entirely"
Legal recourse: Certain individuals can claim under the Inheritance (Provision for Family and Dependants) Act 1975 if not adequately provided for:
- Spouses and civil partners
- Former spouses not remarried
- Children (including adult children in some circumstances)
- People treated as children of the deceased
- Dependants financially supported by the deceased
Time limit: You must claim within 6 months of probate grant. After this deadline, you lose the right to claim.
The court assesses whether the will (or intestacy) makes reasonable financial provision for you given your circumstances. Success depends on your relationship to the deceased, your financial needs, and the estate's size.
Problem 7: "The executor has lost or damaged estate property"
Solution: Executors have a legal duty to preserve estate assets. If they've been negligent—leaving a house unsecured, failing to insure property, allowing assets to deteriorate—they can be personally liable for the loss.
Document the loss thoroughly (photos, valuations, witnesses) and send a formal letter to the executor demanding compensation. If they refuse, you may need to apply to the court to surcharge the executor (make them personally compensate the estate for losses caused by their negligence).
If You Need a Will
Key takeaways from this guide:
- Most beneficiaries receive their inheritance within 6-12 months after completing probate
- You'll need proof of ID and address when the executor requests it (usually 4-6 months into the process)
- Inheritance tax is paid by the estate before distribution—beneficiaries don't receive tax bills
- You have the right to request updates and estate information from the executor
- If the executor is unreasonably slow (12+ months on a simple estate with no updates), you can take formal action
Experiencing inheritance as a beneficiary shows you exactly why having your own will matters. The clarity (or confusion) you're feeling right now is exactly what your own beneficiaries will experience when you die. A well-drafted will with a capable executor makes this process smoother—a missing or unclear will makes it far worse.
Create your will and protect your family from unnecessary delays and uncertainty. With WUHLD, it takes just 15 minutes online.
For £99.99 (vs £650+ for a solicitor on average, according to Culver Law 2024), you'll get:
- Your complete, legally binding will
- A 12-page Testator Guide
- A Witness Guide
- A Complete Asset Inventory document
You can preview your entire will free before paying anything.
Preview Your Will Free – No Payment Required
Related Articles
Understanding the inheritance process is just one part of estate planning. Explore these related guides to protect your own family's future:
- Do I Need a Will? A Complete Guide for UK Residents
- What Happens If You Die Without a Will in the UK?
- How to Make a Will in the UK: A Complete Guide
Frequently Asked Questions
Q: How long does it take to receive an inheritance in the UK?
A: Most beneficiaries receive their inheritance within 6-12 months after the death, though this varies significantly. Simple estates may distribute in as little as 4-6 months, while complex estates involving property sales, business assets, or disputes can take 12-18 months or longer. The executor must complete probate, pay all debts and taxes, and resolve any claims before distribution.
Q: What documents do I need to provide as a beneficiary?
A: As a beneficiary, you typically need to provide proof of identity (passport or driving licence) and proof of address (recent utility bill or bank statement). The executor may also conduct a bankruptcy search before releasing funds. You don't need to provide these until the executor contacts you, usually several months into the probate process.
Q: Do I have to pay tax on my inheritance?
A: In most cases, no. Inheritance tax is paid by the estate before you receive anything, not by beneficiaries. However, if you inherit property and later sell it for more than its probate value, you may owe capital gains tax on the profit. Any income generated by inherited assets (like rental income or investment dividends) is also taxable.
Q: Can I see the will before probate is granted?
A: If you're named as a beneficiary, you can request to see the will from the executor, though they're not legally obligated to share it before probate is granted. Once probate is granted, the will becomes a public document and anyone can request a copy from the Probate Registry for a small fee (currently £1.50).
Q: What can I do if the executor is taking too long?
A: You have the right to request updates and a timeline from the executor. If they're unreasonably slow or unresponsive, you can make a formal complaint. In serious cases of executor misconduct or unreasonable delay (typically over 12 months for a simple estate), you can apply to the court to have them removed and replaced.
Q: What happens if I inherit jointly with other beneficiaries?
A: If multiple beneficiaries inherit the same asset (like a property), you become joint owners and must agree on what to do with it. Options include one person buying out the others, selling the asset and splitting proceeds, or keeping it jointly. If you can't agree, any co-owner can apply to the court for an order of sale, forcing the property to be sold.
Q: Should I accept an inheritance if there are debts?
A: Generally yes, because the executor must pay all debts from the estate before distributing to beneficiaries—you won't personally inherit debt. However, if you're named as executor as well as beneficiary, be cautious about distributing assets before ensuring all debts are settled, as executors can be personally liable for unpaid debts if they distribute prematurely.
Legal Disclaimer:
This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.
Sources:
- HMRC Inheritance Tax Statistics 2022-23 - Official statistics on estates paying inheritance tax
- GOV.UK - Probate Waiting Times Halved - Latest probate processing time data
- GOV.UK - Applying for Probate - Official guidance on probate applications
- GOV.UK - Inheritance Tax Thresholds - Current nil-rate and residence nil-rate bands
- GOV.UK - Residence Nil-Rate Band - Additional inheritance tax threshold for family homes
- Inheritance (Provision for Family and Dependants) Act 1975 - Legal basis for challenging will provisions
- ONS - Distribution of Inheritances, Gifts and Loans - Age and wealth demographics of inheritance recipients
- GOV.UK - Search for a Will - How to access wills after probate granted
- Citizens Advice - Death and Wills - Beneficiary rights and executor disputes
- Culver Law - How Much Does A Will Cost? (2024) - Average solicitor will pricing data