Thinking of downsizing? Wills, probate and the importance of "dying tidily"

Whether you own a property or rent a property, there are always options available to overcome the practical difficulties that can arise after someone passes away, especially with the right support around you.

If you’re considering downsizing later in life, it can be both a significant practical undertaking and an emotional one. I would reassure people that they don’t necessarily need to sell their home and move into rented accommodation simply to make things easier for their family. There are ways of managing those challenges and putting arrangements in place to support loved ones after your death.

What would you say to people considering downsizing?

Don’t do it out of fear or because you feel pressured into it. It’s important to take your time, do your research and make sure it’s the right decision for you.

Many people have strong ties to their home, community and neighbours. For some, downsizing works brilliantly, but for others it can lead to loneliness or regret if the move isn’t properly thought through. The key is making a decision that’s right for your circumstances rather than rushing into it.

Are there any practical measures that help families manage a property after someone dies?

Yes. For example, councils will often grant a council tax exemption on an empty property for a period after someone has died. Utility providers are usually understanding too and may allow bills to be settled when the property is sold. While essential costs such as gas and electricity still need to be paid, there is usually support available to help families manage these practical issues.

What are some of the biggest probate headaches involving property?

Historically, one of the biggest challenges has been the time it takes to obtain probate. Having a will in place can make the process much smoother because you’ve already chosen who will administer your estate.

It also helps avoid disagreements about who should deal with your affairs and can speed up the process of obtaining the grant of probate, which is needed to sell property. More broadly, it’s important to get your affairs in order, think about how bills will be paid in the short term and ensure you have trusted people appointed to manage your estate when the time comes.

How important is it to discuss your wishes with family members?

It’s incredibly important. When families understand your wishes, there are fewer surprises and everyone has an opportunity to ask questions and prepare themselves.

One of the most common causes of disputes is unrealistic expectations. People often expect to inherit more than they ultimately receive. Open conversations can help manage expectations and reduce the likelihood of disagreements later on.

What other family circumstances should people think about when writing a will?

Every family situation is different. For example, if you’re in a second marriage, living with a partner but not married, or have children from a previous relationship, it’s important to think carefully about how your assets will be distributed.

You should also consider what happens to jointly owned assets and whether you’re happy with where those assets will go. Taking legal and tax advice can help you strike the right balance and reduce the risk of your will being challenged.

Are more people considering spending some of their housing wealth during their lifetime?

Some people do choose to downsize for that reason. When a large proportion of your wealth is tied up in property, it can make inheritance tax planning more difficult.

Downsizing may allow people to release capital and pass assets to family members during their lifetime, which can help reduce the value of their taxable estate. For some families, it’s a practical way of supporting the next generation while also improving tax efficiency.

Can someone change their will after their spouse has died?

In most cases, yes. Unless there is a specific clause making the wills binding on one another, a surviving spouse is generally free to make a new will and change their arrangements.

This is something couples should think about when planning their estates. If everything is left to a surviving spouse, they are then able to decide how those assets will ultimately be distributed, which may or may not reflect the wishes of the spouse who died first.

If there’s one thing people can do this week to make life easier for their loved ones, what would it be?

Take stock of your assets and seek advice from a qualified solicitor about how you would like your affairs to be handled when you die.

Putting the right arrangements in place can help ensure your wishes are carried out, protect your family and make a difficult time much easier for those you leave behind.