The Law Society has issued a renewed call for individuals to make and regularly update their wills, warning that failing to do so could result in serious family disagreements and unintended outcomes.

A recent survey revealed that 52% of people in England and Wales have not made a will, despite rising awareness of the emotional and financial consequences when someone dies intestate—that is, without a legally valid will.

The same study found that 11% of respondents had handled an estate in the last four years, and of those, more than a quarter (26%) encountered disputes or complications during the process.

Why intestacy can cause family rifts

When someone dies without a will, their estate is divided according to intestacy rules, which follow a strict hierarchy of inheritance. This framework:

• Prioritises married or civil partners and close biological relatives

• Excludes long-term partners, stepchildren, friends, or charities—even if the deceased intended to provide for them

• In some cases, may result in the estate passing to the Crown if no eligible relatives are found

This lack of personalisation often leads to tension among family members, particularly in cases where expectations are misaligned or sentimental possessions are involved.

Disputes frequently arise over:

• Property sales and ownership rights

• Distribution of sentimental items

• Responsibility for debts and tax liabilities

Concerns for families with children

For parents, dying without a will also raises concerns about guardianship. Without named guardians, the decision falls to the family courts, which may not align with the parents’ preferences—potentially placing children in unfamiliar or unsuitable care arrangements.

Keeping your will current

The Law Society recommends reviewing your will every five years, or after major life changes, such as marriage, divorce, birth of children, or acquiring significant assets.

The National Will Register, which supports solicitors and probate professionals across the UK, also highlights the importance of will registration to ensure documents are easy to locate when needed.

“Making a will is only the first step. Registering it ensures loved ones and executors can find the document when it matters most,” said a spokesperson from the Register.