Writing a will: Martin Lewis shares 7 ways making wills can protect your loved ones and executors in the UK

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Act now to avoid heartbreak, legal battles, and unintended heirs 🖋️
  • More than half of UK adults have no will or one that's out of date
  • Martin Lewis and MoneySavingExpert warn of serious consequences
  • An estimated £5 trillion will be passed down over 30 years
  • A will can protect unmarried partners, children, and minimise inheritance tax
  • Will-writing isn't regulated, so expert advice is key to avoiding costly mistakes or invalid documents

Dying without a will could leave behind financial chaos for your loved ones – and yet, worryingly, more than half of UK adults either haven’t written a will or have one that’s out of date.

That’s according to a recent poll by MoneySavingExpert.com, the consumer advice site founded by financial expert Martin Lewis.

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With an estimated £5 trillion expected to pass between generations over the next 30 years, not having a legally binding will in place could mean your estate ends up in the wrong hands, sparks family disputes, or sees your partner or children unprotected.

Here are seven crucial reasons to make a will now – especially if your affairs are anything other than completely straightforward.

(Photos: Pexels/Getty Images)(Photos: Pexels/Getty Images)
(Photos: Pexels/Getty Images) | Pexels/Getty Images

You want control over who inherits what

A will is a legal document that sets out what happens to your money, property, and possessions (your 'estate') when you die. It lets you name your beneficiaries – those who’ll inherit your estate – and your executors, who’ll carry out your wishes.

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Without a will, everything is divided under intestacy laws, which may not align with your wishes. For example, unmarried partners receive nothing by default, and distant relatives might inherit instead of close friends or long-term partners.

You have dependent children

If you have children under 18, a will lets you name legal guardians in case both parents die. Without one, the courts decide who takes care of your children – and their choice might not match your preferences.

A will also lets you set out financial provisions for your children’s future.

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You’re not married to your partner

Living together doesn’t automatically grant inheritance rights. If you die without a will, your partner could be left with nothing – and may even be forced to move out of your shared home.

If your partner is financially dependent on you, they could face a lengthy and uncertain legal battle to secure any support from your estate.

You want to minimise inheritance tax

If your estate is worth more than £325,000, inheritance tax (IHT) could be payable. A properly written will can help you legally avoid or reduce IHT.

For instance, anything you leave to your spouse is exempt from IHT – so structuring your estate accordingly can make a big difference.

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Your circumstances have changed

Marriage, divorce, remarriage, and having children all affect how your estate is handled. In England, Wales, and Northern Ireland, marriage automatically invalidates a will, meaning you’ll need to write a new one.

Even if you’re in Scotland, where marriage doesn’t revoke a will, it’s wise to update your will whenever your family or financial circumstances change.

You own property with someone else – or abroad

If you jointly own property as ‘tenants in common’, your share doesn’t automatically go to the other owner – unless you have a will.

And if you own property abroad, different inheritance laws may apply, so expert advice is vital. Don’t assume UK rules cover everything.

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You want to specify funeral wishes or replace deceased beneficiaries

Your will is also the place to set out funeral preferences, which can ease the burden on your family.

If someone named in your will dies before you, it’s also important to update your will to clarify who should inherit their share – otherwise, it could be passed on in ways you didn’t intend.

Be aware: will-writing isn’t regulated

Unlike many financial services, will-writing isn’t a regulated industry. This means the protections available to you vary significantly depending on who writes your will.

Solicitors are regulated professionals and offer the most legal protection. While a simple will can cost around £200, solicitor-drafted wills are typically the most watertight – especially if your affairs are complex.

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They also offer peace of mind through professional indemnity insurance and complaint resolution via regulatory bodies.

Will-writing services are a cheaper alternative, with prices from under £100, and often include online tools or home visits.

These can work for straightforward estates, but the people drafting them may not be legally qualified, and protections are limited unless the service uses a regulated solicitor or is a member of a professional body like the Institute of Professional Willwriters (IPW) or Society of Will Writers (SWW).

DIY wills are the cheapest option, often using templates – but they’re risky. If you make a mistake, your will could be invalidated. For anyone with anything more than basic wishes, this is a high-stakes gamble.

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