United Kingdom: Wills/ Intestacy/ Estate Planning

UK executors and beneficiaries dealing with US assets face significant delays in obtaining IRS Transfer Certificates, with waiting times now extending to two or three years. This comprehensive FAQ addresses the critical questions surrounding Form 706-NA applications, US estate tax requirements, and the practical challenges of administering estates containing US shares and investments when the deceased was not a US citizen.

One of the most striking findings from the recent Global Family Business Think Tank was the near unanimity among experts that inheritance disputes pose a serious threat to family enterprises. Ninety five per cent of contributors agreed that disputes over inheritance represent a major risk to continuity.

A clearly worded Will is not, on its own, sufficient to prevent an adult child from making a claim against your estate. It is an understandable assumption that it would be. If you have set out your wishes in a properly executed legal document, it seems reasonable to expect those wishes to be respected. The Inheritance (Provision for Family and Dependants) Act 1975 complicates that picture significantly, and a High Court decision handed down last year illustrates just how exposed an estate can be when planning has not kept pace with life.

Remarrying after divorce without resolving financial matters can permanently prevent you from claiming important financial remedies against your former spouse. Understanding which claims are affected, which survive remarriage, and how to protect your position before entering a new marriage or civil partnership is essential for anyone with unresolved divorce finances.

For many families, inheritance tax planning is not about minimising a number on a balance sheet. It is about preserving something far more personal. A home that has been lived in for generations. Land that carries history as much as value. A business that represents decades of work.

Family limited partnerships offer US-UK families a flexible alternative to trusts for wealth transfer, particularly following the UK's April 2025 inheritance tax changes. This structure provides tax-efficient gifting opportunities while introducing younger generations to wealth stewardship, though careful planning is required to navigate cross-border tax implications and US estate tax restrictions.

The Government has launched a 10-week consultation on significant cohabitation reforms in England and Wales, proposing new rights for cohabitees upon separation and intestacy, alongside making pre- and post-nuptial agreements legally binding. Leading legal experts examine recent TLATA decisions and explore what these anticipated reforms may mean for practitioners advising clients in this evolving area of family law.

Olivia Piercy, Partner in our Family & Relationships department, discusses how the Government’s latest White Paper on the financial aspects of relationship breakdown marks an important step in recognising...

For families with significant assets, deciding how wealth should be held and passed on can be as important as deciding how it is invested.