Probate · England & Wales
Do you need probate if there is a will?
Last reviewed 18 August 2026
A common and costly misunderstanding holds that a will makes probate unnecessary. It does not. The will names who shall act and who shall inherit; the grant is the separate authority to act at all.
Why a will alone is not enough
Even with a valid will, banks and the Land Registry will require a grant before releasing sole-name assets above their thresholds. The will identifies the executor; the grant proves that executor’s authority to the world.
When you still won’t need it
Where everything passed by survivorship (joint accounts, jointly owned property) or sits below each bank’s threshold, no grant may be needed — will or no will.
Questions
Does a will avoid probate?+
No. A will does not remove the need for a grant where the assets require one.
What decides it, then?+
The assets: how they were held and their value with each institution.
Sources. GOV.UK, Applying for probate; HM Land Registry practice.