Research reveals that only 28% of UK adults have a will, leaving an estimated 40 million people without one [1]. While this figure is concerning in itself, will-writing experts at Higgs LLP have also raised alarm over the quality of existing wills. Many of those that are written contain common errors, from unclear wording to oversights, which can lead to disputes, delays, or unintended outcomes after death.

Legal expert reveals the top five mistakes Brits make when will-writing

Not reassessing your will prior to marriage
If you marry or form a civil partnership after making a will, that marriage automatically revokes any previous wills, unless the will was made in contemplation of marriage. This means your old will becomes invalid, and, unless a new one is made, the rules of intestacy will apply.

“Following a marriage, unless your will explicitly states it was made in contemplation of that marriage, your old will is revoked and your estate will pass under the intestacy rules. As such, it’s essential that you revisit your will prior to the marriage to ensure your wishes are accurately recorded and legally upheld.” Explains Peter Gosling, Partner and Estates Planning Lawyer at Higgs LLP.

Forgetting about inheritance tax
Inheritance Tax refers to the tax payable on someone’s estate after they have died, charged at a rate of 40% on the part of the estate that’s above the tax free threshold (usually £325,000).

“People often neglect to think about inheritance tax when they write their wills. Depending on the value of your assets, this can result in a higher tax burden than is necessary for some testators” says Peter.

Having an incorrect understanding of legal relationships
If an individual dies without a will and the estate is valued at more than £322,000, the balance over that amount will be divided between the spouse and the testator’s children. However, this does not include stepchildren.

“Many assume that because a stepchild has played a significant role in the family, they are entitled to a share of the estate. However, under the current laws of intestacy in England and Wales, only biological or legally adopted children are automatically recognised as beneficiaries,” Peter explains.

Not updating your will when changes occur
Following the writing of a will, circumstances can and often do change. These changes may be financial, such as acquiring or losing significant assets, or coming into an inheritance, or personal, like falling out with a family member, beneficiaries dying, or simply having a change of heart. Any of these can affect how you wish your estate to be distributed.

Peter comments: “Changes of heart are normal, but it’s important that you remember to update your will if changes do occur. Too often, people express wishes for their estate to pass in a particular direction, but the legal documents say otherwise. In the eyes of the law, only what is formally recorded in a valid will carries weight. Informal conversations, handwritten notes, or assumptions made by family members are not enough.”

Not being aware of survivorship
Many aren’t aware that not everything you own can be given away in a will. Some things automatically go to someone else, no matter what the will says.

Peter explains: “There are some cases where certain assets can’t be gifted in a will — a common example is a property that’s jointly owned. If a property is held as joint tenants, when one owner passes away, their share doesn’t form part of the estate. Instead, under the rules of survivorship, it automatically passes to the surviving co-owner, regardless of what the will says.”

Why should you never write your own will?

Writing your own will is fraught with risks. Peter explains: “Drafting your own will can be risky, as even small errors or unclear language can lead to will disputes or unintended outcomes. It’s always advisable to consult a qualified will-writing expert to ensure your wishes are properly documented and legally sound. Doing so significantly reduces the likelihood of issues arising for your loved ones later on.

“If you believe you’ve been unfairly excluded or affected by a poorly drafted will, it’s important to seek advice from a contentious probate specialist. They can help you understand your rights and explore options for challenging the will where appropriate.”