Sort your will for free this October
More than half of UK adults aged between 50 and 64 and over one in five of those aged 65 and above do not have a will in place, and risk leaving their families vulnerable when they die.
According to analysis by the Money and Pensions Service, 56% of UK adults aged 18 and over do not have a will, including 53% of adults aged 50-64.
If you die without a will – known as dying intestate – your estate is divided according to the rules of intestacy. These rules follow a strict legal order that may not correspond with your wishes. This can be especially devastating for unmarried couples, who under these rules have no automatic legal right to inherit from each other. Even a very long-term partner could receive nothing, with assets instead passing to blood relatives.
Having a will ensures that your property, money, possessions, and any investments are distributed exactly as you intend. This is particularly important for parents with younger children, as a will allows you to name legal guardians to care for them should anything happen to you. Without this provision, the courts will decide who takes responsibility.
The good news is that every October and March, individuals aged 55 and over can make or update a simple will for free, thanks to the Free Wills Month campaign. Couples looking to make mirror wills can take part even if only one partner meets the age requirement.
The campaign is supported by a group of well-known charities, including Guide Dogs, the NSPCC, Age UK and Marie Curie. Participants will be invited to consider leaving a gift in their will to one of these causes, there is no obligation to do so. Those interested can find a participating solicitor by visiting Free Wills Month.
If you miss Free Wills Month in October, there is another opportunity in November through the Will Aid scheme. Under this initiative, solicitors volunteer their time to write basic wills in exchange for a suggested donation, which is £120 for a single will or £200 for a pair of mirror wills. The funds raised go directly to support the work of charities including Shelter, the British Red Cross and Crisis. Appointments can be made now, either in person or remotely, and you can find out more at Will Aid.
Remember to review your will
Once you’ve written a will, you do need to remember to review it every few years and update it if necessary. Many people, for example, overlook the fact that in England and Wales, getting married automatically cancels any existing will.
Research conducted by Will Aid found that 56% of people were unaware of this rule. This legal quirk, which stems from the Wills Act 1837, means that if you don’t create a new will after marriage, your estate could be divided according to intestacy laws – potentially excluding children or other loved ones you had previously included.
The Law Commission is currently reviewing this legislation and has published a draft bill that would mean wills aren’t automatically revoked on marriage. The aim is to protect vulnerable individuals from so-called "predatory marriages," where someone marries with the intention of gaining access to an estate. However, until such reforms become law, it remains essential to write a new will when you marry or remarry.
Chris Adiole, Director at Penerley Solicitors, said: "I often come across people who assume their existing will continues to stand after they get married, and they’re genuinely surprised to learn that the law cancels it automatically. That can cause real problems for families, leaving everything up in the air at the worst possible time.
“It’s always worth reviewing your will after big life changes like marriage, divorce or having children. It gives you peace of mind and makes sure your wishes are carried out properly.”
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