Across the United Kingdom, more individuals are passing away without a valid will in place. When this happens their estate does not pass according to personal wishes but instead follows the strict rules of intestacy. These rules were designed to provide a default pathway for estate distribution, yet they rarely reflect modern life, family structures or relationships. As a result, families are increasingly facing avoidable stress, conflict and financial uncertainty during a time of grief.
At Penerley, we regularly support families who find themselves caught in disagreements following the death of a loved one without a will. It has become clear that not preparing a will is one of the most common causes of unnecessary legal disputes and emotional strain. For many people, the belief that estate planning can wait or that their family will automatically inherit what they believe to be fair is both incorrect and potentially damaging. Making a will is not about wealth. It is about clarity, protection and ensuring your intentions are honoured.
To learn more about our will services and estate planning support you can visit penerleys.co.uk/services.
The Growing Problem of Intestacy
Industry reports and legal sector commentary indicate a concerning rise in estates being administered under intestacy. Despite the increased public awareness around financial planning, a significant percentage of UK adults still do not have a will. Many assume that their closest loved ones will inherit automatically or believe the process is complicated or only required later in life. Unfortunately the law does not take personal intentions or relationships into account if a valid will is not present.
When intestacy applies, the law dictates who inherits and how assets are divided. This can lead to outcomes that the deceased may never have intended. It can also trigger questions, disagreements and legal challenges. For many families, this situation feels incredibly unfair, particularly where relationships were close but not formally recognised by marriage or civil partnership.
Why Modern Families Face Higher Risk
Family structures have changed significantly over the past few decades. More couples live together without marriage. More households include children from previous relationships. People purchase property with partners later in life or share assets informally. While society evolves, intestacy rules remain rooted in traditional assumptions about family structure.
In cases where the deceased was unmarried but in a long term committed relationship, their partner will not automatically inherit. This can lead to devastating outcomes, including the loss of the family home and financial instability. In blended families, children from previous relationships may be unintentionally treated differently or may face disputes with a new partner of the deceased. Even where intentions were clear in conversation, the absence of a written and valid will means those wishes cannot be legally enforced. These situations are increasingly common and frequently lead to conflict that could have been avoided.
The Human and Financial Impact of Dying Without a Will
The consequences of intestacy extend beyond legal formalities. Families already coping with grief often face confusion, tension and uncertainty regarding financial matters. Without clear instructions, relatives may disagree over who should inherit, how a property should be dealt with or what the deceased would truly have wanted. This emotional burden can strain relationships and sometimes causes permanent divisions within families.
From a financial perspective, intestacy can also result in delays to administration of the estate, increased legal costs, and tax inefficiencies. Additional court applications may be required to clarify entitlements or resolve disputes. In some cases, estates reduce significantly in value by the time everything is resolved. A valid will avoids many of these complications by creating certainty and providing a clear structure for distribution.
Common Misunderstandings About Estate Planning
Many people delay making a will due to assumptions that are often inaccurate. Some individuals believe they do not have sufficient assets to justify a will. However even modest estates may include savings, personal possessions, life insurance pay outs or property equity that requires proper distribution. Others feel that their family understands their intentions and that conversations will be enough. In reality, verbal wishes do not hold legal weight and cannot override statutory rules.
Another common misconception is that unmarried partners inherit automatically. This is not the case under current UK law. Cohabiting couples do not have the same legal protections as married couples or civil partners. As a result, failing to make a will can leave a loved one unprotected. Others postpone planning until later in life but circumstances can change unexpectedly. Estate planning is not something to reserve for old age. It is a responsible step at any stage of adulthood.
Why Now Is the Time to Put a Will in Place
Creating a will ensures that your assets are distributed according to your wishes. It protects vulnerable family members, provides clarity for loved ones and helps prevent conflict. It is also an opportunity to plan for guardianship of children, make decisions about property, set out funeral preferences and consider tax implications to preserve more of your estate for future generations.
Life events such as buying a home, entering a new relationship, starting a family or starting a business are key milestones that should prompt a review of estate planning. Even if you already have a will, revisiting it every few years ensures it remains accurate and reflective of your circumstances.
At Penerley, we offer tailored will drafting services designed to give you confidence and peace of mind. Our team ensures your wishes are expressed clearly and legally, and we guide you through the process so you can make informed decisions for your future and your loved ones. You can explore our estate planning and probate services by visiting penerleys.co.uk.
Protect Your Loved Ones Today
Choosing to act now rather than postpone estate planning is one of the most meaningful ways to protect the people who matter to you. A will is more than a legal document. It is a statement of care, consideration and responsibility. Without one, your family may face uncertainty and conflict that could have been avoided. By seeking professional support and preparing a valid will, you can provide clarity, stability and comfort for your loved ones when they need it most.
To take the next step, contact Penerley today or visit penerleys.co.uk/contact to begin planning with confidence and expert guidance.
