Millions of British citizens are exposing their loved ones to legal complications, family disputes, and costly inheritance battles due to neglecting to write a will or making significant errors in the process, according to the latest National Wills Report.
Widespread Lack of Wills
Approximately two-thirds of adults in the UK still do not have a will, the report found, despite growing concerns about inheritance tax, blended families, and increasingly complex financial situations. Even among those who have drafted one, many are making common mistakes that could leave relatives fighting over estates or assets ending up with unintended recipients.
Outdated Wills Cause Problems
Steven Greenall, an adviser at Essex-based Greenall Estate Planning, warned that one of the most significant errors is treating a will as a 'write it once and forget it' document. He explained: "A lot of people write a will once and then never look at it again. But life changes. Marriage, divorce, children, grandchildren, property purchases, and changes in family relationships can quickly leave an old will no longer fit for purpose." Out-of-date wills can sometimes lead to inheritances being passed to ex-partners or relatives the person no longer wished to benefit, creating disputes within families or distributing estates in ways that no longer reflect somebody's wishes.
Neglecting Fallback Arrangements
Another significant concern is people failing to consider what might happen if family circumstances change unexpectedly. Greenall noted: "People often name beneficiaries without properly considering fallback arrangements. As difficult as it may be to think about, children can sadly predecease parents. If there are no alternative provisions written into the will, that can create complications and uncertainty later."
Age of Inheritance
Specialists also caution that many parents do not think carefully enough about the appropriate age for children or grandchildren to receive inherited funds. Under current regulations, beneficiaries can usually access inherited assets at 18, though some families may believe this is too young for someone to handle a substantial sum responsibly. Greenall added: "Some families may not feel an 18-year-old is financially ready to receive a significant inheritance. In some cases, it may be more sensible to delay inheritance until 21 or 25 to avoid money being spent irresponsibly."
Executor and Trustee Errors
Selecting executors and trustees is another area where errors are frequently made. Executors handle a person's estate after death, while trustees may manage money or assets left to younger beneficiaries. However, Greenall cautioned that choosing the wrong people can spark acrimonious disputes and delays. He explained: "These are hugely important roles, and people sometimes assume family members will simply sort things out among themselves. But unfortunately, disputes are very common when emotions and money become involved. As the old saying goes, 'where there's a will there's relations'." He encouraged families to provide clear written guidance and, where suitable, attach a separate letter of wishes clarifying why particular choices were made.
Lost Wills
The National Wills Report also revealed that 29% of those who create a will neglect to inform anyone where it is kept, causing additional distress for bereaved relatives. Greenall noted that many families only realise after a bereavement that nobody knows the location of the original document. He recommended storing wills safely with the National Will database and ensuring executors understand how to retrieve them. "A will is not much use if nobody can find it. People should make sure executors know where the original document is kept and how to access it," he said.
Conclusion
With inheritance tax regulations changing and household finances growing increasingly complicated, Greenall warned that delaying the writing or updating of a will could prove expensive. He concluded: "Ultimately, a will is about making life easier for the people you leave behind. It is one of the most important documents most people will ever put in place."
