What do I do with an Inherited weapon?
When someone dies, those that are left behind are left to organise their belongings in accordance with their wishes. This is the job that Personal Representatives undertake during the administration of the Estate. Less frequently though, when sorting through the personal possessions that are left behind, weapons may be found. For instance, the deceased may have been an antiques dealer and have some old flint lock pistols, or, as in my case, a collector of militaria. Regardless of how the weapons were obtained, it is now your duty as the Personal Representative to deal with them, so what do you do?
My dead relative has left me some guns?
As firearms are less common in the UK, it is rare, but not unheard of, for live firearms to form a part of someone’s Estate. Due to firearms not being generally available for purchase it is likely that you have not seen, nor handled firearms before. The golden rule of firearms is always to presume they are live and loaded! I would suggest that you do not touch them unless you are confident in handling a weapon. Even if you are confident, or if they are only edged weapons, they must be handled with care and caution. If you are ever uncertain about the ownership of any weapons then you should speak with the Police, I would advise a phone call rather than taking the weapon to them, to avoid the need to safely transport the weapon.
2021 – Guide on Firearms Licensing Law
It is your duty to deal with weapons left in a Will
Now that the safety part has been dealt with, it is important to remember that it is your duty as the Personal Representative to ensure that the Estate is properly administered. Therefore, any weapons must be dealt with legally and in accordance with the Will or Intestacy Rules. If there is a Will, then personal possessions should either be a specific gift or included in the Residuary Estate (which is everything left in the Estate once all debts and expenses etc. are paid). As the Personal Representative you must ensure that the Will is followed. Therefore, the Will or Intestacy Rules will let you know who the weapon or proceeds of sale should go to. It is simply not possible to advise you of every possibility in this article alone, therefore the easiest answer would be to seek advice on any particular issues you are facing.
Just because a Will names an individual to inherit a weapon, it does not make the ownership of that weapon legal. For instance, there are very strict laws around the ownership of firearms, so the beneficiary would need to have sufficient authority to own the weapon. While it is likely that any firearm is deactivated, without a full certificate you would not be able to pass this to the beneficiary. Deactivated firearms require a certificate to be sold or given away. These are just two considerations Personal Representative must have.
Another such consideration is who should pay for whatever needs to happen with the Weapon. Should it be the Estate or the beneficiary? As ever, it depends on the Will and its drafting. Weapon ownership is possible in the UK, therefore it’s important for people who own weapons to consider what needs to happen with them after they die.
In short, it is normally best practice to consult an appropriate expert. Weapons experts can inform you about a weapons safety and legality. Whereas legal experts will be able to advise on the options available to deal with the weapon, as well as on drafting a Will to cover a weapons collection.
This reflects the law at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought as appropriate in relation to a particular matter.

Oliver Wilson
Chartered Legal Executive, Private Wealth and Inheritance
Sign up
Enter your email address for legal updates on Private Client & Family Law.
Latest Articles & Legal Insights
Q&A: Understanding Power of Attorney
By having a Lasting Power of Attorney (LPA) in place, it allows you to appoint one or two close friends or relatives to make decisions.
What happens to My Bitcoins when I die?
The lack of a central registry means that without having direct access to the virtual wallet valuing and indeed paying any tax due becomes impossible.
Funeral Disputes and the rights to your body
Rights to the body and funeral disputes are not uncommon. Disputes arise over concern about the final resting place of the deceased.
What happens to digital assets when you die?
Our increasing concern about security, privacy and protecting our identities online means that people are taking more care securing their digital assets…
Unfairly left out of a Will?
This article provides a brief explanation of who may claim, on what basis, and for how much award when they have been left out of a will.
Making a cheap Will is a bad idea!
A cheap or homemade Will is really like most things in life – if it is too good to be true, it often is! There is a lot to consider when making a Will…
Top Legal Insights
Contract Law
Material Breach of Contract
What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?
Property Law
Commercial Lease: The Financial impact on Landlord and Tenant
Coronavirus (COVID-19) and the restrictions now in place to control its spread, are having a significant effect on many business sectors.
Divorce and Family Law
Divorce in Lockdown: Can I get some discreet legal advice?
We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how...
Land & Property Dispute
Restrictive Covenants – The Price of Modification
Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?
Award winning legal advice
Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2023’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.








Email: info@herrington-carmichael.com
Farnborough
Brennan House, Farnborough Aerospace Centre Business Park, Farnborough, GU14 6XR
Reading (Appointment only)
The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA
Ascot (Appointment only)
102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY
London (Appointment only)
60 St Martins Lane, Covent Garden, London WC2N 4JS
Privacy Policy | Legal Notices, T&Cs, Complaints Resolution | Cookies | Client Feedback | Diversity Data
Our Services
Corporate Lawyers
Commercial Lawyers
Commercial Property Lawyers
Conveyancing Solicitors
Dispute Resolution Lawyers
Divorce & Family Lawyers
Employment Lawyers
Immigration Law Services
Private Wealth & Inheritance Lawyers
Startups & New Business Lawyers
Please be aware that we have no plans to change our bank details. If you receive any indication that any of our bank details have changed please contact us before sending us any funds. We take no responsibility for monies you transfer into the wrong bank account.
© 2023 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.
Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.