Nearly Half of UK Adults Don’t Have a Will — Legal Experts Answer the Biggest Questions

The National Wills Report revealed that approximately 47% of UK adults, over 32 million people, do not have a will.

“Do I need a Will” searches in the UK have risen 23% in the last quarter, with 140K searches a month, according to Google Trends. 

Legal experts at Weightmans have analysed the report and used their expertise to answer some of the most common will-writing questions, as it’s revealed that nearly half of UK adults don’t have one.

Residents in Northern Ireland have the fewest Wills written

Across the country, the number of regional disparities for Wills is evident. Those in Northern Ireland have the fewest Wills written across the country, with 42%. The North East and North West both rank joint second for locations with the least Wills written, with only 47% of people having one, according to the National Wills Report. 

The area with the biggest proportion of the population who have Wills is Scotland, with 58% of people having a Will. Succession law in Scotland has a number of differences compared to England and Wales, for example, the doctrine of legal rights. In Scotland, spouses/civil partners and children are entitled to inherit part of the estate whether or not there is a Will, so it is arguable that more individuals take advice on estate planning in Scotland to understand these issues and try to plan ahead.”

London and the South West of England are jointly in second place, each with 57%. Both regions have some of the largest populations in the country, as well as higher-than-average property values. As a result, residents may be particularly keen to protect their most valuable assets by making a Will. For example, in the South West, the average property price exceeds £360,000 which is 34% higher than the national average, so people want to ensure their property goes to the intended beneficiaries.

Bristol leads the UK in Will searches, while Nottingham falls behind

When it comes to those searching online the most for Wills across the UK, it was the city of Bristol that recorded the highest number of searches.

Weightmans used Semrush to identify the most-searched will-related terms, including “how to write a will,” “will writing service,” and “Wills”, and analysed search volumes per 100,000 people across major UK cities to reveal where interest in will writing is highest.

Residents in Bristol searched most often for the five combined searches analysed, with 66 out of 100,000 of the population looking into Wills. Bristol is part of the South West region, which ranked in second place for the number of Wills in the UK.

The city of Manchester ranked second with 58 out of 100,000. The North West region was ranked second last for the number of Wills in the area, which could mean that those in Manchester may be searching to get a Will in place. Birmingham rounded off the top three with 54 out of 100,000. The Midlands ranked mid-table for the number of Wills in the area.

Those in Nottingham are searching the least for terms around Wills, either suggesting they are part of the 52% of the Midlands who already have one in place, according to the National Wills Report, or they may not be thinking about writing one at this stage, therefore leaving their assets vulnerable.

Nearly £300 billion in assets held by over-55s may be subject to probate

While the average net estate value in the UK is around £334,000, 31% of over 55s surveyed reveal that they don't have a will. A study by Royal London also found that of those people aged over 55 without a Will, 16% own a home either outright or with a mortgage. There are approximately 18.1million people over the age of 55 in the UK, suggesting that a significant portion of valuable estates may be left without clear instructions.

If we apply this to the general population, an estimated 5,611,000 over-55s don't have a will, risking nearly £300 billion in estates not being administered as intended.

1. What happens if I don’t have a will? 

If you die without a Will, the distribution of your estate (your personal possessions, money, and property) will be dealt with under the rules of intestacy (a set of legal rules that dictate who will benefit). The intestacy rules are rigid and may not reflect your wishes; for example, they make no provision for unmarried partners. The intestacy rules also govern who is entitled to deal with the administration of your estate. In Scotland, unmarried partners can make a claim for a share of the estate, but this is subject to the court’s discretion and there are strict timescales for applying.

Where there is no Will, the cost of administering the estate may be significantly higher. In Scotland, it also becomes necessary in most cases to obtain a form of insurance bond, which adds extra expense and time to the process.

Making a Will is the only way to ensure your estate passes to your chosen beneficiaries as far as possible. It also enables you to choose your executors, appoint guardians for young children, include cash gifts or gifts of specific items, and detail your funeral wishes. It may be appropriate to include a trust structure in your Will to offer a degree of protection for your chosen beneficiaries or to allow flexibility for future generations to use the trusts for their own wealth/tax planning.

2. Will my estate automatically pass to my spouse or partner?

It is not automatic that a spouse will inherit the whole of the estate under the intestacy rules. The intestacy rules are constantly subject to change, and the outcomes of dying without a Will can be surprising and often unjust. Making a Will is the only way to ensure your loved ones are provided for in accordance with your wishes as far as possible. In Scotland, a spouse/civil partner has certain prior rights on intestacy which can exhaust the estate, but only up to a certain level, which is subject to change.

The intestacy rules do not make any provision for unmarried partners. The best way to ensure a cohabiting partner is provided for is to make a Will. As mentioned above, in Scotland, cohabitees can make a claim subject to strict timeframes, but the outcome is by no means guaranteed.

3. You should review your Will regularly to ensure it continues to reflect your wishes and circumstances.

As your personal and/or financial circumstances change, you should consider updating your Will. Examples include:

• In England,Marriage will automatically revoke any Will you had in place previously (although this is currently being reviewed by the Law Commission). That is not the case in Scotland, and even more reason why a previous Will should be updated to ensure it benefits the intended parties.
• A change in family circumstances, for example, having children or grandchildren.
• Divorce
• Significant changes in your financial situation.

It’s recommended that you look over your Will every three years to assess whether there have been any changes to the law or tax allowances which could affect your Will and wider estate planning.

4. Can I include my cryptoassets in my Will?

Cryptoassets will automatically form part of your estate on death if they are held in your individual name. It is not always necessary for you to specifically include a reference to your crypto assets in your Will, but care should be taken to ensure that there are sufficient powers in your Will to allow your executors to deal with these assets after your death. It is also important that you make your professional advisor aware of any cryptoassets you may own so that they can discuss with you what provision you have made for these to be accessed after you die.

Sally Cook at Weightmans reveals why it’s important to write a Will, yet understands why many don’t: “Not many people want to contemplate writing a Will and the implications of what that means; however, it is important to protect your family and assets by doing so. 

"Getting your affairs in order will provide peace of mind that your wishes will be carried out, your loved ones will be appropriately provided for, and any potential family disputes are mitigated. Inheritance tax can also be planned for in advance, allowing you to pass on more to your loved ones. 

"Ultimately, a Will ensures that your family members receive what you intend them to when you are no longer here. Seeking robust and specialist legal advice to help you write a Will is a crucial part of that process."

Donna Brennan, specialist in Scottish succession law at Weightmans adds: “It is also important to ensure that you take advice in the correct jurisdiction – succession laws in Scotland and the rest of the UK are quite different, so if you are domiciled in Scotland or have assets there, appropriate advice should be taken. At Weightmans, we have experts in both jurisdictions.”