Most people know they should have a will. Most people don't have one. Research from 2025 found that only around 37% to 41% of UK adults have a valid will in place, meaning that the majority of the population has made no legal provision for what happens to their estate when they die.
The most common reason people give? They simply haven't got around to it.
It's understandable. Writing a will forces you to think about your own death, and that's uncomfortable. But the cost of putting it off, financially and emotionally for the people you leave behind, can be enormous.
What actually happens if you die without a will
Without a valid will, your estate is distributed according to the intestacy rules set out in law. Those rules follow a rigid hierarchy that takes no account of your wishes, your relationships, or your family's circumstances. Unmarried partners inherit nothing. Stepchildren inherit nothing. A long-term partner you've lived with for decades has no automatic right to your home, your savings, or your possessions.
Even for married couples, the rules don't simply hand everything to your spouse. If you have children and your estate exceeds £322,000, the portion above that threshold is split between your spouse and your children. In practice this can create real financial difficulties, particularly if your main asset is a family home.
Marriage, separation and an old will
If you already have a will, that may not be enough. In England and Wales, getting married automatically revokes a previous will unless it was made in specific contemplation of that marriage. Divorce does not revoke a will entirely but removes your former spouse as a beneficiary and executor. If you remarry without updating your will, your new spouse is not automatically included.
Wills can also become outdated simply through life changing. Children are born, grandchildren arrive, relationships break down, assets change. A will drafted 15 years ago may bear little resemblance to your actual wishes today.
The executor problem nobody talks about
Even a valid, up-to-date will can cause serious difficulties if the wrong people are appointed to carry it out.
An executor is the person responsible for administering your estate: gathering assets, paying debts, dealing with HMRC, and distributing what remains to your beneficiaries. It is a legally responsible role that can take months, sometimes years, to complete.
Many people appointed executors decades ago without revisiting the decision. A solicitor who has since retired or closed their practice. A sibling who has died. A trusted friend who is now in their eighties and simply not in a position to take it on. In each case, the estate faces delays and complications at exactly the moment when families least need them.
There is also the question of family dynamics. Appointing two or more of your children as joint executors can seem fair, but if those relationships are strained, it can bring administration to a standstill. Joint executors must act unanimously. Where there is disagreement — over valuations, over the sale of a property, over almost anything — the process can grind to a halt. What should take months can take years, at significant emotional and financial cost to everyone involved.
Reviewing your choice of executor is as important as reviewing the will itself. A professional executor, such as a solicitor, can be appointed alongside or instead of family members, providing experience, impartiality, and continuity regardless of what changes in your personal circumstances.
The inheritance tax question
A well-drafted will is also one of the most effective tools in managing your inheritance tax position. Without planning, a larger portion of your estate may be exposed to inheritance tax at 40% above the nil rate band of £325,000 than necessary. A solicitor can advise on how to structure your estate to make the most of available reliefs and allowances, including the residence nil rate band, which can add a further £175,000 of relief when a property passes to direct descendants.
How long does it actually take?
For most people, making a straightforward will takes one or two meetings with a solicitor and a few weeks from start to finish. It is not expensive, it is not complicated, and once it is done you will have peace of mind that the people who matter most to you are protected.
The bottom line
"I'll write my will later" is the phrase that leaves families in court, in conflict, and in financial difficulty. If you have assets, dependants, or a partner you are not married to, later is not a plan.
Our private client team can help you put a will in place that reflects your wishes. Get in touch to arrange an initial conversation.
