People urged to make a will to avoid family rifts over inheritance

The importance of having a valid and up-to-date will cannot be overstated, as new figures reveal that over half of adults in England and Wales have not made one. Without a will in place, estates are divided according to strict intestacy rules, often leading to disputes, financial complications, and outcomes that may not reflect the deceased’s true wishes.

People are being urged to ensure they have an up-to-date will to avoid family rifts over inheritance in the future. The warning comes after the Law Society revealed that 52% of people in England and Wales have not made a will. A Law Society survey also found that 11% of people in England and Wales said that in the last four years they had dealt with the estate of someone who died. Of those, 26% reported that they experienced a problem or dispute as part of it.

When someone dies without a will, their estate is distributed according to the rules of intestacy, which can lead to unintended consequences and family disputes. Under these rules, only married or civil partners and close biological relatives can automatically inherit, meaning that long-term partners or friends could receive nothing. One major issue is that intestacy does not take into account personal relationships or the wishes of the deceased. If there are no surviving close relatives, the entire estate could pass to the Crown rather than to close friends or charities the deceased may have wanted to support.

Family disputes are another common problem. Without clear instructions, relatives may disagree over how assets should be divided, leading to costly legal battles and lasting resentment. In cases where multiple heirs are entitled to inherit, disagreements can arise over the sale of property, handling of sentimental items, or financial responsibilities for settling the estate.

For those with children, intestacy can create uncertainty about guardianship arrangements. If both parents pass away without specifying their wishes, the decision about who will care for the children falls to the courts, which may not align with what the parents would have chosen.

The Law Society is urging people to make a will and keep it updated every five years to ensure it meets current needs and circumstances. The National Will Register, which works closely with the Law Society, said: “In our experience of helping testators, executors and probate practitioners, we understand the importance of not only making a will, but ensuring it reflects current wishes and can be found when it is needed. Digital tools such as will registration ensure that loved ones and executors can locate the will when it is needed and enhance archive management for law firms and probate practitioners.”

Please contact us if you would like more information about the issues raised in this article or any aspect of Wills and Probate on 020 8290 0333 or email info@judge-priestley.co.uk.

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