20/05/2026
Why you should make a will
Making a Will is one of the most important steps anyone can take to protect their family, assets and wishes after death. Yet, despite this, millions of people in the UK still die without one. In 2026, writing a Will or reviewing an existing one, is more important than ever, particularly considering changing family structures, rising asset values, and ongoing developments in Wills and succession law.
Whether you are writing your first Will or reviewing a document drafted years ago, now is the time to ensure your wishes are clear, legally effective and fit for modern life. The National Wills Report 2025 found that only 37% of UK adults currently have a valid Will, leaving nearly two-thirds of the population exposed to the consequences of intestacy. Encouragingly, 34% of adults say they plan to make a Will within the year, suggesting growing awareness, but awareness alone is not enough.
Purpose of a Will
A Will is a legal document that sets out how your estate should be dealt with after your death. Without a valid Will, your estate will be distributed according to the rules of intestacy. These rules are rigid and often do not reflect modern families or personal views. Having a Will ensures that you, rather than the law, decides what happens to your money, property, and possessions.
A properly drafted Will allows you to:
* Decide who inherits your estate.
* Appoint executors you trust to administer your estate.
* Name guardians for minor children.
* Leave gifts to friends, charities or causes that matter to you.
* Make provisions for vulnerable beneficiaries.
* Express funeral wishes and other final instructions.
* Reduce the risk of disputes or challenges.
* Exclude people from benefiting under your Will.
Without a Will, none of these decisions, and many more, are yours to make.
What Happens If You Die Without a Will?
If you die without a valid Will, your estate is distributed according to the rules of intestacy. These rules are fixed in law and do not take account of personal relationships, fairness, or individual circumstances.
If you die intestate:
* Your estate is distributed strictly according to law.
* Unmarried partners receive nothing, regardless of how long you have lived together.
* Stepchildren are excluded unless legally adopted.
* The people you would choose to benefit may not inherit at all.
* Family members may face delays, uncertainty, and additional costs.
This can be especially problematic for blended families, long-term cohabiting couples, and those with complex family relationships.
The Reality: Most People Still Have Not Acted
The National Wills Report 2025 highlights a concerning gap between understanding and action.
* Only 37% of adults have a Will.
* 63% of adults remain without one.
* 29% of people with a Will haven’t told anyone where it is stored.
* 51% of adults do not know where their parent’s Will is kept.
This means that even where a Will exists, it may be difficult or impossible to locate when needed, creating unnecessary stress for families during an already challenging time.
Why Updating an Existing Will Is Just as Important
Having a Will is not a one-off task. Life changes, and your Will should change with it. A Will that no longer reflects your circumstances can cause just as many problems as having no Will at all.
You should review your Will if you have experienced:
Changes in Relationships:
* Marriage or civil partnership
* In England and Wales, marriage automatically revokes an existing Will unless it was made in contemplation of that marriage.
* Divorce or separation.
* New relationships or remarriage.
Changes in Family Circumstances:
* The birth of children or grandchildren.
* The death of a spouse, partner, beneficiary, or executor.
* Changes in family dynamics or responsibilities.
Changes in Financial Circumstances
* Buying or selling a property.
* Significant changes to finances or business interests.
* Receiving an inheritance.
* Changes to investments or pensions.
As a general rule, Wills should be reviewed every three to five years, even if no major life event has occurred.
Modern Families Need Clear, Modern Planning
Family structures in 2026 are increasingly complex. Cohabitation, blended families and second marriages are now common, yet intestacy rules remain firmly rooted in traditional family models.
A Will is particularly important if you:
* Live with a partner but are not married or in a civil partnership.
* Have children from previous relationships.
* Wish to protect a spouse while ultimately benefiting children.
* Want to treat children and stepchildren fairly.
* Support someone financially who is not a close relative.
Clear instructions in a Will reduce uncertainty, manage expectations, and help prevent disputes.
Legal Developments and Why 2026 Matters
Recent years have seen increased attention on the needs to modernise Wills law. In 2025, the Law Commission continued to progress proposals aimed at bringing Wills legislation into line with modern life.
Proposals included:
* Reforming the rule that marriage revokes a Will.
* Updating the test for testamentary capacity.
* Allowing courts greater flexibility where formalities are not strictly followed.
* Exploring the future recognition of electronic Wills.
While these reforms are not yet into force, they highlight a crucial point that the law is evolving, but current legal certainty still matters. A clearly drafted, professionally prepared Will remains the safest way to ensure your wishes are legally effective.
Reducing Stress, Delays and Disputes
One of the greatest benefits of a clear, up-to-date Will is the reduction of stress for loved ones. When a Will is unclear, outdated or missing altogether, families may face:
* Disputes between beneficiaries.
* Claims against the estate.
* Lengthy probate delays.
* Increased legal costs.
By contrast, a well-structured Will provides clarity at a tough time and helps the estate be administered efficiently.
Practical Steps to Take
To protect your assets and loved ones this year, consider the following actions:
1. Make a Will
If you do not currently have one, making a Will should be a priority, particularly if you have children, own property, or live with a partner. Not all will writers are legally qualified, so check credentials before employing their services.
2. Review Your Existing Will
Check that it still reflects your wishes, assets, relationships and meets current legal requirements.
3. Ensure Your Will Can Be Found/Located
Tell your executors where your Will is being stored and consider registering its location. Additionally avoid “shadow Wills” (unofficial copies or drafts that cause confusion) that cannot be located.
4. Think Holistically
A Will should form part of a broader, working alongside tools such as Lasting Powers of Attorney (LPAs) to protect you during your lifetime as well as after death.
A Will is not just a document for later life, it is a practical step that protects the people and things that matter to you, whatever your age or circumstances.
Taking the time now to write or review your Will ensures clarity, reduces uncertainty, and gives reassurance to those you leave behind. It is a small investment of time that can prevent significant difficulty in the future.
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