According to the 2025 National Wills Report from the National Will Register, only around 37% of adults in the UK currently have a Will.
While 34% of people say they plan to make a Will within the coming year, many continue to delay taking action.
Most of us are happy to talk about parts of life that feel exciting, such as what you got up to on your recent holiday, your upcoming plans with your family, and that nice meal you had at the weekend.
When it comes to talking about what happens after we are gone, an invisible conversation barrier seems to appear, and we quickly shut down the conversation.
It can feel uncomfortable and too serious. When thinking about making a Will, it is easy to think, ‘I will do it one day, but not today’.
The truth is, making a Will isn’t about thinking about ‘the end’; it is about having control, having your say, and securing your estate.
It is about protecting those you care most about and making what is a difficult time for your loved ones that little bit easier by providing them with clarity and certainty.
Our Wills, Trusts and Probate Lawyers look at why a Will shouldn’t be a conversation that you and your family put off, and why conversation should lead to action.
1. Life is Unpredictable
We plan future holidays, we talk about our future goals and aspirations, and we plan for the future.
Some people view making a Will as something to do later in life, when you own a house, have a family, or feel more settled or “ready”.
In reality, once you have anything or anyone that matters to you, you have a reason to make a Will.
Life is unpredictable, and we do not know what is around the corner. Illnesses, accidents and unexpected events can crop up out of the blue.
Making a Will is arguably one of the most important documents you can make.
By making a Will, it ensures that in the event the unexpected happens, you have left clear intentions and instructions in relation to the management and distribution of your Estate.
If you decide not to make a Will, you lose control, and the rules of intestacy will step in to determine how your Estate shall be dealt with.
2. Exercise Control and Protect your Loves Ones
By making a Will you can plan ahead and decide who you would like to deal with your Estate and how your Estate should pass.
Within your Will, you can decide who should be entrusted with dealing with your estate by appointing Executors and Trustees.
Your Executors will manage your estate on your death and will distribute any assets in accordance with your wishes as set out within your Will. Your Trustees will administer any trusts within your Will.
If you don’t make a Will, the rules of intestacy will step in to determine who has the right to deal with your estate.
This may not be the same as the individual or individuals who you would prefer to deal with matters, who know you and your circumstances best and who understand your intentions.
In England and Wales, we have testamentary freedom.
This means that individuals have the freedom to leave their estate and their assets to whom they choose in their Will.
Whether you have a partner, children, pets, close friends or a charity that you want to provide for, making a Will gives you the chance to protect those who matter most to you.
Within your Will, you can decide how your Estate should be distributed and on what basis.
People often consider making gifts in their Will, whether of a sum of money, household items, or personal items.
Aside from considering any gifts, through your Will you can direct how your Estate shall pass, whether that be to your partner or spouse, to your children or to other family members or friends, or to charity.
Gifts can be outright or conditional, contingent on an event, such as a child reaching a certain age. You can also include substitute provisions, to provide for any future descendants, in the event that a loved one were to predecease you, adding a layer of futureproofing.
By making a Will, you can exercise control over the ultimate destinations of your assets and possessions.
As mentioned, if you die without leaving a valid Will, the rules of intestacy will apply.
These are a set of rules which set out the order of priority as to who shall benefit from your estate.
If you are married, there is a common misconception that everything will go to your spouse.
Whether your full Estate would pass to your spouse under intestacy depends on the size of your Estate and is not guaranteed.
If you die leaving children, and your children are minors at the time of your death, then they will automatically receive any inheritance due to them at age 18.
This may not be suitable and may not be intended, particularly where your estate is large or complex.
Stepchildren will not benefit at all.
Despite the myth, there is no such thing as common law marriage.
If you are unmarried but have a partner, your partner will not inherit under the rules of intestacy and could therefore be left with nothing.
Ultimately, the only way to exercise control over how your Estate should be distributed after your death is by making a Will.
3. Appoint a Guardian for Minor Children
When people think about Wills, they often think a Will only relates to the passing of assets and inheritance, but a Will is much more.
If you are a parent with minor children (children under the age of 18), the importance of making a Will is even greater.
Within your Will, you can appoint a Guardian for any minor children and exercise control over who you would like to have Parental Responsibility.
This is often one of the most important decisions that you, as a parent, may ever have to make, and this alone can be a motivating factor to make a Will.
The Guardian you appoint will gain Parental Responsibility of any minor child, in the event that, on your death, no other person with Parental Responsibility is living.
If you have not appointed any Guardian through your Will, or otherwise, the Courts will have the ultimate say over who should be appointed as Guardian of any minor children.
This can cause stress and panic amongst your loved ones, lead to a period of uncertainty for your minor children, and mean any appointment made by the Court may not align with your wishes or intentions.
It is about having clarity, and appointing a legal Guardian in your Will can provide you with peace of mind. Again, it is about having the choice.
4. Estate Planning for Blended Families and Trusts
Your Will should be tailored to your individual circumstances.
If you have a blended family, such as children from previous relationships and differing financial responsibilities, making a Will can be even more important.
By structuring your Will appropriately, you can balance the needs of any surviving spouse or partner with those of any children from a previous relationship.
This can involve discussions about trusts and asset protection, so you retain control over the ultimate disposition of your assets.
Trusts can play a key role where there are blended families, enabling you to provide for a loved one during their lifetime and controlling what then happens to those assets or funds on their death.
There is no one-size-fits-all, and your Will should work for you and your circumstances.
By having a well-drafted Will, you can reduce the risk of disputes arising between loved ones.
5. Inheritance Tax (IHT) Planning
As part of making your Will, it is a good opportunity to review and consider your wider Inheritance Tax planning.
By seeking advice from a suitably qualified adviser, you can make sure that your assets and your Will are structured in the most tax-efficient way.
A trusted adviser can assist you in making sure you have made use of any available allowances, whether that be your own Nil-Rate Band, any Residence Nil Rate Band or any transferable reliefs from a predeceased spouse.
There are also various exemptions, including the spouse and civil partner exemption, which applies when assets are left to a surviving spouse or civil partner, and the charity exemption.
Any assets left to a UK qualifying charity will be exempt from IHT, and if you leave more than 10% of your net Estate to a qualifying charity, your Estate may qualify for the lower rate of IHT of 36%.
If you own a business or agricultural property, by taking appropriate advice and ensuring your Will is structured efficiently, you can structure your Will to capture any potential Business or Agricultural relief that may be available.
Careful and effective IHT planning can have a significant impact on your Estate and can help reduce your potential exposure to IHT, meaning more of your Estate can be preserved for the people you care about.
Final Thoughts
I’ve Made a Will - What Next?
After making a Will, we recommend that you store a copy at home and tell your immediate family and/or your Executors where your original Will is kept.
We recommend that you review your Will after any major life events, such as births, marriages, and deaths.
We suggest that you review your Will every 3-5 years to ensure it remains up to date and meets your requirements.
Contact Our Wills, Trusts and Probate Team
Here at Myerson, our specialist Wills, Trusts and Probate solicitors can help support you in making a Will and can provide you with the necessary advice to ensure your Will reflects your wishes and intentions and can advise you at every stage.
Should you wish to make a new will, or discuss estate planning or asset protection, please contact our Wills, Trusts and Probate team:
0161 941 4000
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Ben Murphy
Associate
Ben is an Associate in our Wills, Trusts & Probate team. Ben has experience in advising on inheritance tax, drafting Wills including those containing multiple trust structures, extracting Grants of Representation, and administering both taxable and non-taxable estates.
About Ben Murphy