A survey commissioned by the charity Will Aid, published in September 2026, found that 67% of UK adults either don’t have a will at all or are relying on one that’s out of date. Of those without a current will, 29% said it was because they felt they had nothing worth leaving behind, and 44% said they weren’t likely to write one within the next year. Whatever the reason for putting it off, the practical effect is the same: if you die without a valid will, intestacy rules decide who inherits your estate, and they rarely match what most people would actually choose.
Intestacy rules are applied if you pass away without a will
Under England and Wales intestacy rules, a spouse or civil partner with no children inherits the whole estate. Where there are children, a spouse receives personal possessions, the first £322,000, and half of whatever remains, with the children sharing the other half between them – which can mean a surviving spouse having to sell the family home to release a child’s share, even where that’s the last thing either partner would have wanted. Unmarried partners have no automatic entitlement at all under intestacy, however long the relationship, and unmarried couples with children see the whole estate split among the children instead. Where there’s no spouse and no children, the estate passes to parents, then siblings, then grandparents, then aunts and uncles, in that order, and if no relative can be found, it ultimately passes to the Crown.
5 other practical reasons to write your will
Beyond simply deciding who inherits, a will lets you name guardians for children under 18, rather than leaving that decision to be worked out after the fact. It lets you set out funeral preferences, so your family isn’t guessing at what you’d have wanted during an already difficult time. It can help reduce an Inheritance Tax liability, since how an estate is structured against the nil-rate band (£325,000) and residence nil-rate band (up to £175,000) makes a genuine difference to the eventual bill. It lets you appoint an executor you trust to handle everything properly. And it lets you specify arrangements for pets, which intestacy rules obviously have nothing to say about.
The one thing your will doesn’t cover: your pension
This is worth flagging on its own, because it catches people out. Most pensions are held in trust, and pension death benefits are paid at the scheme trustees’ discretion, guided by whatever “expression of wish” or nomination form you last completed – not by your will. If that form is years out of date, still names an ex-partner, or was never filled in at all, your pension could end up going somewhere you wouldn’t have chosen, regardless of how carefully your will is drafted. This matters more than ever from April 2027, when most unused pension funds will be brought into the value of your estate for Inheritance Tax purposes for the first time. Your nomination will still be what determines who the money goes to; it just means keeping it current, alongside your will, is no longer a detail worth putting off.
Understanding your estate could be valuable when you’re writing a will
A will is only as good as the thinking behind it, and that starts with a clear picture of what your estate actually consists of – property, pensions, savings, investments, and anything else of value – set against who you’d actually want to benefit, and in what proportions. That’s where a proper financial planning conversation adds something a will-writing service alone typically can’t: working through the numbers first, so the will that gets drafted actually reflects a considered plan rather than a best guess.
Let’s help you get this right
We work with clients across Poole, Bournemouth and the wider Dorset area to build a clear picture of their estate before recommending they see a solicitor to draft or update a will, and to make sure pension nominations are kept in step with it. If your will, or your pension nomination, hasn’t been looked at in a while, get in touch and we’re happy to have a no-obligation conversation.
Find out more about our Inheritance Tax planning services here
This article is for general information only and does not constitute financial, legal or tax advice, which should be based on your individual circumstances. The information is aimed at retail clients only. All information is correct at the time of writing (September 2026) and is subject to change in the future.
The Financial Conduct Authority does not regulate will writing, estate planning or tax advice.