3 myths and misunderstandings about wills and probate – busted

Having an up-to-date and valid will is a crucial part of financial planning.

A poorly drafted document, or one that has not been amended to reflect changes in your circumstances, could mean that your estate is not passed on in line with your wishes.

Unfortunately, there are many common myths and misconceptions about wills that could lead to mistakes which may negatively affect your beneficiaries.

For example, a Will Aid survey of more than 2,000 UK adults found that 56% of respondents were unaware that, in England and Northern Ireland, marriage typically revokes a will unless you state otherwise.

Likewise, misunderstandings about probate – the process by which a deceased person’s estate is administered – could result in family disputes, delays, and poor decisions.

Read on to learn the truth behind three myths and misunderstandings about wills and probate, to help you avoid common mistakes and take control of how your estate is managed after you’re gone.

1. Only the wealthy need a will

You might feel that a will is unnecessary because your estate is relatively “small”. However, once you add up the value of everything you own (the equity in your home, pensions, savings, investments, insurance payouts, personal belongings, and so on), you might be surprised by how much your estate is worth. This could be a significant inheritance for your surviving family.

Moreover, the purpose of a will isn’t just to pass on your wealth. It also allows you to take control of matters such as:

  • How your digital and online assets are managed
  • Who oversees the distribution of your estate
  • How your business should be run and by whom
  • Who will care for your children and pets
  • Your funeral arrangements.

In contrast, if you die without a will, your estate will be distributed in line with the rules of intestacy. This means that the courts will decide how your estate is distributed, which might not be what you intended and could cause unnecessary distress and financial hardship for your beneficiaries.

2. My spouse or civil partner will automatically inherit everything, so I don’t need a will

As mentioned above, if you die without a will, your estate will be passed on in accordance with the rules of intestacy. This doesn’t necessarily mean that your spouse or civil partner will inherit all your assets after your death.

How your estate is distributed will depend on your circumstances and where you live in the UK – the rules vary between England and Wales, Scotland, and Northern Ireland. That’s why it’s crucial to seek professional advice to ensure you understand the laws that apply to you.

According to Citizens Advice, in England and Wales, if you have no children, your spouse or civil partner will typically inherit everything.

However, if you do have children and your estate is valued at more than £322,000 (2025/26), your spouse or civil partner will inherit:

  • All your personal property and belongings
  • The first £322,000 of your estate
  • Half of the remaining estate.

All your children will inherit equal shares of the remaining half of the estate. This includes any biological or adopted children from previous relationships.

Remember also that in most cases, a marriage or civil partnership automatically revokes any will you made before the union took place. As such, it’s crucial to write a new will that includes your spouse or partner – and any other beneficiaries – if you want your estate to be passed on according to your wishes.

3. Probate is always required

Probate gives an individual the legal right to deal with your estate after you die. It typically takes around 12 weeks for probate to be granted once an application has been submitted to the probate registry, but it can take much longer.

Figures published by Which? reveal that the number of probate applications taking more than 12 months rose by 134% between 2020 and 2023.

However, probate is not always required.

Government guidelines state that probate isn’t necessary if the person who died:

  • Only had savings
  • Owned shares or money with others, as they will automatically pass to the surviving owners unless they have agreed otherwise
  • Owned land or property as “joint tenants” with others, as it automatically passes to the surviving owners.

As such, if you’re named in someone’s will as a beneficiary when they pass away, don’t assume that probate is needed. You might find that you can avoid this potentially lengthy and stressful process.

Please note

The content of this newsletter is offered only for general informational and educational purposes. It is not offered as, and does not constitute, financial advice.

Blue Wealth Ltd is not responsible for the accuracy of the information contained within linked sites.

Blue Wealth Ltd is an appointed representative of Best Practice IFA Group Ltd, which is authorised and regulated by the Financial Conduct Authority.

The Financial Conduct Authority does not regulate will writing.

Approved by Best Practice IFA Group:

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    We may disclose your personal data to any member of our corporate group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (where applicable).

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    Keeping your personal data up to date

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    Where we store your personal data

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    The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is held securely and in accordance with this Policy. Countries outside the EEA do not have the same data protection laws as the United Kingdom and EEA and We have therefore ensured that any of our suppliers who may transfer your personal data outside the EEA has put in place appropriate measures to protect your data, either by being a member of the US-EU Privacy Shield, or by entering into a European Commission approved contract (as permitted under Article 46(5) of the General Data Protection Regulation).

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    YOUR RIGHTS

    Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

    • access to your personal data and to certain other supplementary information that this Policy is already designed to address
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    For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.

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    HOW TO COMPLAIN

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    The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.

    CHANGES TO OUR PRIVACY POLICY

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    INFORMATION ABOUT OUR USE OF COOKIES

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    CONTACT

    All questions, comments and requests regarding this Privacy and Cookies Policy should be addressed to Robert Bowers, admin@bluewealth.co.uk or write to Us at 141 Whiteladies Road, Bristol, BS8 2QB. Or alternatively please contact our Compliance Director at Best Practice IFA Group Ltd, Holmwood House, Broadlands Business Campus, Langhurstwood Road, Horsham, West Sussex, RH12 4QP, telephone number 01403 334455, or via email at info@bestpractice.co.uk

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