Wealthy Brits without wills doubles amid inheritance tax warning
Brits without wills doubles amid inheritance tax warning

Freedom of Information (FOI) data obtained by Co-op Legal Services and The Telegraph reveals a marked increase in the number of millionaires passing away without a will. The figures, released by the Ministry of Justice (MoJ), show 781 estates valued at more than £1m had no will in 2025, more than double the 332 recorded in 2023.

According to official stats from His Majesty’s Court and Tribunal Service (HMCTS), an executive agency of the MoJ, over those two years the number of will-less estates rose by 29,000, with more than 43,000 recorded last year.

Why some people do not make a will

David Fenwick, of Co-op Legal Services, said many people are caught off-guard by the impact of property price increases, the rising value of savings and other factors that mean their estates are worth more than they realise. As a result, many "underestimate their wealth and decide not to make a will".

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Experts told The Telegraph there are various reasons why people might not complete a will before their death, including wariness about dealing with solicitors or confronting the sobering task of admin related to life after they depart.

Jamie Mathieson, of law firm JMW, said larger estates "often have a foreign element", with people coming to the UK from abroad understandably not always being fully across the rules here.

What happens if someone dies intestate

If there is a will, those named as executors can apply for probate and will inherit assets if they are named as beneficiaries, the GOV.UK website explains. But it does not mean assets are lost when someone dies intestate. Under intestacy rules, assets can pass straight to a spouse or other relatives even if there is no valid will.

To administer an estate without a will, it is necessary to apply for a grant of letters of administration. King’s Court Law describes this as an "official document released by the Probate Registry, authorising an Administrator to manage the affairs of a deceased individual's estate in accordance with the law".

Costs and inheritance tax risks

Sometimes, typically with smaller estates, assets up to a certain level can be released without the need for a grant, provided the legal entitlement is clear. But this depends on the scale of the estate and the thresholds financial institutions set for releasing assets without one.

The inflationary factors Mr Fenwick flagged mean more estates are reaching a level of value that makes a grant necessary. Estates at or above £1m are more likely to fall within the 40% inheritance tax rate that applies to assets beyond available allowances. In those cases, the assets will generally be frozen until the tax bill, debts and other costs have been paid.

Without a will providing clarity about who gets what, costs can easily spiral during this time through legal fees.

An MoJ spokesperson said: "Making a will is one of the most important steps people can take to protect their families and ensure their wishes are respected."

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