What is the 28 day rule in Wills?
8 minute read
Date Published - April 15th 2025
Date Updated - June 10th 2025
8 minute read
Date Published - April 15th 2025
Date Updated - June 10th 2025
When it comes to estate planning, the details matter. One of those lesser-known (but incredibly important) details is what's commonly known as the '28-day rule', more formally known as the Survivorship Period. This simple clause can have significant consequences on how your estate is distributed after you pass away, particularly when naming beneficiaries who are closely connected to you.
Understanding how the rule works - and when it applies - helps ensure your wishes are honoured and your loved ones are properly protected. Whether you're drafting a Will for the first time or updating an existing one, it's worth knowing how this rule could affect your plans.
If you're thinking about making a Will or want to review your current arrangements, our specialist Wills, Probate and LPA solicitors are here to guide you every step of the way. Get in touch today to speak to a member of the team.
The 28-day rule in Wills is related to what and when beneficiaries can inherit according to the rules of intestacy (which apply when there's no Will).
In simple terms, a 'survivorship period' of 28 days is imposed on the spouse, during which they cannot inherit. If the spouse passes away within this 28-day period, they are treated as not having survived the deceased, and the next class of beneficiaries becomes entitled to inherit without a survivorship period. This provision ensures clarity and succession in cases of intestacy and can also prevent tax complications.
This is designed to bring clarity during difficult times, but it can come as a surprise for families assuming that certain people will automatically inherit.
For example:
While these rules help ensure a fair and orderly distribution, they don’t always reflect what the deceased would have wanted; especially in blended families, second marriages, or when long-term partners aren’t legally married.
That’s why making a Will, or reviewing your current one, is so important. A carefully drafted Will gives you control, removes uncertainty, and ensures your wishes are respected.
A survivorship clause, sometimes called a survivorship period, is a clause in a Will that makes a gift to a beneficiary conditional on them surviving the person who made the Will (the testator) by a set period - usually 28 days, though 30 days or even one calendar month is also common.
This means if a beneficiary sadly passes away within that timeframe, their share won’t go to their estate or pass on to someone you didn’t intend. Instead, it’s treated as if they died before you, and the gift passes on to your next chosen beneficiary.
These clauses are particularly useful in avoiding the need for your estate to pass through probate twice in quick succession. They can also help reduce unnecessary inheritance tax, especially in situations where a couple isn’t married and doesn’t benefit from the transferable nil-rate band.
Under Section 92 of the Inheritance Tax Act 1984, survivorship clauses must not exceed six months; otherwise, they could be treated as a form of trust, which may affect the tax position of your estate.
In most cases, survivorship clauses are added to cover the residue of your estate (everything left after debts, legacies, and expenses). But you can also include them for specific gifts if you want to make sure that your assets only pass on if a beneficiary survives you for a reasonable time.
By including a survivorship clause, you gain extra protection and peace of mind, reducing legal complications for your loved ones and helping to ensure your estate goes exactly where you intended.
Including a survivorship clause in your Will offers a layer of clarity and control that can make a big difference during what’s often a very emotional time for families.
The main reason for including one is to avoid your estate passing through probate twice in quick succession. Without a survivorship clause, if a beneficiary were to pass away shortly after you, their share could automatically pass into their estate, potentially triggering unwanted inheritance tax or delays. With a survivorship clause, that same gift would instead pass to your next named beneficiary, streamlining the process and avoiding unnecessary admin or cost.
Survivorship clauses are especially helpful for unmarried couples, where inheritance tax planning requires more care. They can also reduce the chances of your estate being inherited by someone you didn’t intend, such as the heirs of a beneficiary who passes away unexpectedly soon after you.
Ultimately, it’s about protecting your wishes. A survivorship clause gives you added reassurance that your assets will go to the right people, in the right way, with fewer complications. It’s one of the many small but important details we guide our clients through when helping them put their affairs in order.
Pros:
Cons:
When drafting a Will, working with lawyers can help you weigh these pros and cons, ensuring the survivorship clause reflects your intentions accurately.
If someone passes away without a valid Will in place, their estate is dealt with under the rules of intestacy. These rules decide who inherits - and in what order - based on strict legal criteria. It’s a rigid system that doesn’t account for personal relationships or individual wishes, which is why many families are left surprised by how estates are distributed. Understanding these rules is vital for anyone planning their estate or managing the affairs of someone who has died intestate.
The rules of intestacy follow a structured, legal order of priority. While the full process can be complex, here’s a simplified version of how inheritance is typically distributed:
While this framework ensures that estates don’t go unmanaged, it often leads to outcomes that don’t reflect what the person might have wanted. The best way to avoid that is by making a legally valid Will.
Need guidance on planning your estate or dealing with an intestacy? Speak to our experienced Wills, Probate and LPA solicitors - we’re here to help you take control of the future.
Effective estate planning is about far more than just deciding who inherits your assets, it’s also about making sure those assets are protected from unnecessary tax liabilities. The '28-day rule' – more accurately referred to as a survivorship clause - can help ensure your estate passes to the people you intended, in the most tax-efficient way possible.
By requiring a beneficiary to survive you by a minimum of 28 days, you can prevent assets from being passed on multiple times in quick succession, which might otherwise trigger unnecessary rounds of Inheritance Tax (IHT). This kind of forward-thinking clause is particularly useful for couples or close relatives who may have similar life expectancies, allowing your estate to pass directly to substitute beneficiaries (such as children or grandchildren) without being taxed twice in a short space of time.
With the right advice, survivorship clauses can be an effective part of a wider tax planning strategy. However, it's important to discuss this with an experienced tax planning solicitor to ensure this is the right route for you; it’s not always a guaranteed solution and can sometimes have unintended consequences when not planned effectively.
Inheritance Tax (IHT) is a tax on the estate of someone who has died, including their money, property, and possessions. In the UK, as of April 2025, estates valued over £325,000 are typically subject to IHT at 40% on the portion above that threshold. However, there are several ways to reduce or even eliminate this liability.
For example:
Working with experienced Wills & Probate solicitors can help you make the most of these exemptions. By taking a strategic approach – including the use of survivorship clauses – you can reduce the tax burden on your estate and ensure your assets go where you want them to.
Our experienced Wills, LPA & Probate solicitors take the time to understand your personal circumstances and priorities. We’ll help you draft a clear, legally sound Will that reflects your wishes and offers peace of mind - not just for you, but for your family too. From explaining how survivorship periods work to minimising the risk of future disputes or tax issues, we’re by your side every step of the way.
Whether you’re ready to put plans in place or just need a little advice, our specialist Wills, Probate and LPA solicitors are here to guide you every step of the way. Get in touch today to speak to a member of the team.
Because it can change who inherits – even if a Will is in place. The 28-day rule (also known as the survivorship period) means that if a beneficiary dies within 28 days of the person who made the Will, they’re treated as though they died first. Their inheritance doesn’t pass into their own estate – it skips to whoever’s next in line. That’s why it’s such an important detail to get right when putting your Will together – and why we always recommend talking to a solicitor who can explain how it applies to your situation.
When someone dies without a valid Will, the law steps in with a set of rules that decide who inherits. These rules start with your spouse or civil partner, followed by your children, then other family members like parents or siblings. But they don’t consider personal relationships or what you might’ve actually wanted, which is why it’s so important to make a Will and keep it up to date. It gives you a say in what happens to everything you leave behind.
Inheritance tax kicks in when the value of your estate goes over £325,000, and anything above that is taxed at 40%. It can feel daunting, but with the right advice, there are often ways to reduce the amount your family has to pay. Survivorship clauses, tax-free allowances, and planned gifts can all help. At GloverPriest, we work with you to make sure your plans are not just legally sound, but tax-smart too.
While it's not a legal requirement for your Will to be drafted by a solicitor, it’s certainly recommended. A solicitor doesn’t just help you write a Will, they help you think through things like who inherits if someone dies shortly after you, or how to avoid inheritance disputes. It’s about protecting your wishes and your family’s future. Our team at GloverPriest is here to keep things simple and personal, so you can get everything in place with confidence.
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