Understanding the facts around estate planning, wills, and probate is crucial for securing peace of mind, both for yourself and for your loved ones. Unfortunately, numerous myths continue to circulate in the UK, leading to misunderstandings and, in some cases, seriously flawed estate planning. These misconceptions can cause unnecessary heartache, delays, and legal complications for those left behind.
From the belief that only the wealthy need to make a will to assumptions that everything automatically goes to the spouse, these fallacies can have a significant impact if not challenged by reliable information. In this article, we aim to dispel some of the most prevalent myths by offering accurate, digestible, and accessible insights into the often-misunderstood processes surrounding wills and probate in the UK.
Making sense of these issues ensures that individuals can take informed action, secure their wishes, and ease the administrative burden on grieving families.
One of the most common misconceptions is that wills are only necessary for people with large or complex estates. This myth can be particularly harmful because it causes many people to delay or entirely avoid writing a will, assuming their possessions are too modest to warrant legal planning.
In truth, a will is essential for anyone who wants a say in what happens to their assets after death—regardless of the size of their estate. Whether you own a house, have savings in the bank, possess sentimental belongings, or have dependent children, a will ensures your wishes are known and legally supported. Without a will, your estate will be distributed according to the rules of intestacy, which may not reflect your personal preferences or family dynamics. For example, unmarried partners, stepchildren, close friends, or charities you support might receive nothing if not explicitly mentioned in a will.
Additionally, writing a will gives you the chance to appoint executors—trusted individuals who will ensure your estate is administered according to your instructions.
Another widespread assumption is that if you’re married or in a civil partnership, your spouse or partner will inherit your entire estate automatically. While there is some truth to this under intestacy law, it only applies in specific circumstances and may not align with your full intentions.
Under the UK’s rules of intestacy (which apply when someone dies without a valid will), your spouse or civil partner is usually first in line. However, if you have surviving children or other descendants, your partner’s inheritance is typically capped. As of 2023, the spouse or civil partner receives the first £322,000 of the estate, all personal possessions, and 50% of any residue. The remaining half of the residue goes to the deceased’s children or other descendants. This may create financial difficulty or unintended consequences, particularly for blended families or second marriages.
Furthermore, if you are unmarried but in a long-term relationship, your partner has no legal right to inherit under intestacy rules. The law currently does not recognise cohabitees in the same way it does spouses or civil partners. Without a valid will, your partner may be left without a home or financial support, potentially prompting expensive and stressful legal action.
Wills are not static documents. Circumstances change—marriages begin and end, children are born, assets increase or diminish, and relationships evolve. Yet many people assume that once they have created a will, it’s valid indefinitely and never requires an update.
Failing to review and update your will periodically can create unintended consequences. For example, getting married invalidates any existing will (unless it was made in contemplation of that marriage). Similarly, a divorce does not revoke a will, but it does cancel any gifts or executor appointments made to the former spouse. These legal technicalities can lead to confusion and misinterpretation if not accommodated properly.
Best practice suggests reviewing your will every five years or after any significant life event—such as buying property, having children, getting married or divorced, or experiencing bereavement. Keeping the document current ensures it remains legally enforceable and aligned with your intentions.
Some people believe that probate only applies when there is no will in place. This is incorrect and can cause significant delay or complication during estate administration.
Probate refers to the legal process of confirming that a will is valid (if there is one) and authorising the executors to administer and distribute the estate. Even if there is a well-drafted will, executors often need to apply for a ‘grant of probate’ to gain access to bank accounts, sell property, and handle other official duties.
If someone dies intestate (without a will), the process is called applying for letters of administration, but the legal process is nearly identical to probate. Therefore, whether or not there is a will, probate (or an equivalent legal procedure) is frequently required. The need for probate depends more on the value and type of assets held rather than the presence or absence of a will.
While probate is a common part of estate administration, not all assets require it. Understanding which assets bypass probate can help with estate planning and can also alleviate some of the administrative burden for executors and families.
For example, jointly owned assets held as “joint tenants” pass automatically to the surviving co-owner through the ‘right of survivorship’, quite outside the probate process. This often applies to bank accounts or property shared between spouses or partners.
Additionally, assets held in trust, life insurance policies with named beneficiaries, and pensions with death benefit nominations generally do not form part of the estate subject to probate. Each of these asset types follow their own designated beneficiary structure, although it’s critical to ensure that such nominations are up to date and reflect current wishes.
The belief that creating a will is an expensive and drawn-out legal process discourages many people from taking this vital step. In reality, making a will can be relatively straightforward and affordable—particularly in comparison to the cost and stress your family may face if you die intestate.
Many online tools offer basic will writing services at low cost, typically suited for simple estates. However, professional advice from a solicitor is highly recommended, especially if there are more complex circumstances, such as owning property abroad, having a business, concerns about inheritance tax, or family dynamics that may lead to disputes.
A properly drafted will, even if it involves some upfront cost, can save your loved ones substantial expense and time in the long run. Solicitors are trained to spot potential issues and can help ensure your will is both legally valid and clearly written.
Another potentially damaging myth is the assumption that minor children will automatically be looked after by family members if no legal provision is in place. While it’s true that family members may step in, without a will specifying guardianship preferences, the decision about who cares for your children ultimately lies with the courts.
If both parents die before a child turns 18 and no legal guardians have been appointed in a will, the matter is referred to family courts, which will decide based on the child’s best interests. This could result in someone you would not have chosen raising your children, or result in family disputes over custody.
By naming a guardian or guardians in your will, you retain some control over your children’s future if the worst were to happen. You can also outline supplementary information—such as values, educational preferences, or lifestyle expectations—that you’d hope guardians will consider.
While it’s not true that the government automatically claims all assets when someone dies intestate, this can be the case in certain circumstances. Intestacy rules outline a strict order of priority when it comes to inheritance. If there are no surviving relatives as defined by law—no spouse, children, grandchildren, parents, siblings, or extended family—the estate is passed to the Crown under the principle of bona vacantia (ownerless goods).
This situation is rare, but not unheard of. Estates worth millions of pounds are occasionally passed to the government due to either the lack of a will or inability to trace family members. History has shown that even distant relatives or estranged siblings may inherit under intestacy rather than close friends or unmarried partners, highlighting the importance of specifying wishes through a formal will.
Even small estates can suffer from unintended consequences when legal entitlement takes precedence over personal connection.
DIY wills are legal in the UK, and thousands of individuals write their own wills each year without professional help. The problem is that while these documents may be valid in theory, mistakes in wording, witnessing, or structure can render them unenforceable in practice.
For a will to be legally valid, it must be written voluntarily by someone of sound mind, signed in the presence of two independent adult witnesses, who must then also sign the document in the presence of the testator. Breaching these rules is alarmingly common in homemade wills and creates serious problems during probate, including delays, disputes among beneficiaries, or even full invalidation of the document.
In complex family situations—for example, if you’re disinheriting a close relative or dividing an estate unequally—a poorly worded will could be challenged in court. While DIY wills might suffice for very simple estates, professional guidance significantly reduces risk and ensures your wishes are correctly and defensibly outlined.
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