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The 5 Biggest Myths About Making a Will

Harriet Cracknell, Associate Private Client Executive of Spire Solicitors Published: 02 July 2025

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Harriet Cracknell debunks the misconceptions..

Many people put off writing a will, assuming they don’t need one or that their assets will automatically go where they intend. But misunderstandings about wills can lead to costly mistakes and stress for loved ones. Let’s debunk five of the biggest myths:

"I Don’t Need a Will—Everything Will Go to My Family Anyway."

This is one of the most common misconceptions. If you don’t have a will, intestacy laws dictate how your estate is distributed. This might not match your wishes, especially if you have a partner but aren’t married, stepchildren, or specific gifts you want to leave to friends or charities.

Without a will, your estate is divided according to strict legal rules. This means:

~Your spouse may not receive everything if you have children.

~Unmarried partners may receive nothing.

~The process of distributing assets could take much longer and be more expensive due to legal complexities.

Creating a will allows you to decide how your assets are distributed rather than leaving it to legal default rules that may not suit your circumstances.

"I’m Too Young to Worry About a Will."

People often associate wills with old age, but they’re essential for adults of all ages—especially if you have children, own property, or have savings. Life is unpredictable, and having a will ensures:

~Your dependents are financially provided for.

~You can specify guardians for your children.

~Your assets don’t end up in the wrong hands.

Even if you don’t have significant assets now, a will can be adjusted as your circumstances change. Setting one up early means you’re prepared, no matter what life brings.

"If I Have a Will, My Estate Won’t Go Through Probate."

While a will is essential for outlining your wishes, it doesn’t automatically mean your estate avoids probate. Probate is the legal process of administering a deceased person’s estate, ensuring debts are paid and assets are distributed correctly.

However, certain estate planning strategies can help simplify or avoid probate:

~Holding assets in joint ownership (such as a joint bank account or property).

~Setting up a trust, which allows assets to pass outside probate.

~Keeping accounts with named beneficiaries, like life insurance or pensions.

A will makes probate more straightforward, but it’s not a magic pass to skip it entirely - careful planning helps make the process smoother.

"Once I Write My Will, It’s Set in Stone."

Life changes, and so should your will! Major life events—like marriage, divorce, children, new property, or business ownership—often require updates to ensure your will accurately reflects your wishes.

Key times to review your will:

~Marriage or divorce—In some places, marriage revokes a will unless stated otherwise. Divorce often changes inheritance plans.

~Children or grandchildren—You may want to name guardians or adjust how assets are divided.

~New property or investments—If your financial situation changes, your will should reflect those assets.

It’s a good idea to review your will every few years or after big life events to ensure it’s still valid and up to date.

"Wills Are Only About Money."

A will isn’t just about dividing your finances—it’s a chance to make personal and meaningful choices about your legacy. Your will allows you to:

~Appoint guardians for your children, ensuring they’re cared for by someone you trust.

~Express funeral preferences, such as burial or cremation, and any religious or personal requests.

~Leave sentimental items, like jewellery, family heirlooms, or letters to specific people.

~Support charities by leaving donations or creating trusts.

Your will is a reflection of your life, not just your bank account. It allows you to protect loved ones and honour your values in a way that goes beyond financial assets.

Not having a will is a risky game.

Taking the time to create one ensures clarity, protects loved ones, and gives you peace of mind. Consulting a legal professional can help make sure your will is valid and covers everything that matters most.

If you are looking at making a will or updating an existing one, get in contact with our friendly and efficient Wills team today on 01603 677077 or email wills@spiresolicitors.co.uk.

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