News & Events
Common misconceptions about Wills
24th June 2025
Making a Will is one of the most important steps you can take to protect the people and things you care about most. Yet many people put it off often because they believe Wills are only necessary later in life or if you own significant assets. In this article, Rowleys Partner Mark Hook shares some of the common misconceptions about Wills.
In reality, every adult should consider making a Will. It’s not just about money it’s about having a clear plan in place for what happens if the unexpected occurs.
Without a valid Will, your loved ones may face legal complications and emotional stress at an already difficult time. Below, we explore some of the most common misconceptions about Wills and explain why making one now is a smart and responsible move.
Myth 1: “My spouse will automatically inherit everything.”
Not necessarily. If you die without a Will, the law decides who inherits your estate. In England and Wales, this could mean your estate is split between your spouse and your children, depending on its value. A Will ensures your wishes are followed and gives you full control over how your assets are shared.
Myth 2: “I’m too young to need a Will.”
If you’re over 18, you can make a Will and it’s a good idea to do so. Illness or accidents can happen at any age, and having a Will ensures your wishes are respected. Even if you don’t own property, you may want to decide what happens to your belongings, digital accounts, pets, or savings. It’s especially important if you have children or dependents.
Myth 3: “I don’t have enough assets to need a Will.”
A Will isn’t just for those with significant wealth. It can include instructions about your funeral, appoint guardians for your children, leave gifts or donations, and name who should manage your estate. Without one, these decisions could fall to the courts or lead to family disagreements.
Myth 4: “Once I’ve written a Will, I can’t change it.”
Wills aren’t permanent. In fact, they should be reviewed regularly, especially when your circumstances change. Marriage, divorce, the birth of children, or changes in financial status are all good reasons to update your Will. We recommend reviewing your Will at least every five years.
Myth 5: “Divorce cancels my Will.”
This is a common misunderstanding. Divorce does not revoke your Will in England and Wales Instead any gift to your ex-spouse or the appointment as executor/trustee is treated as if they died before you, The rest of the Will remains valid.
If you don’t make a new Will there may be unintended consequences
- Other beneficiaries might inherit more than you originally intended
- The Will could partially fail if no other executors or residuary beneficiaries are named.
You should always review and update your Will after divorce.
Myth 6: “My partner will inherit our home if I die.”
If you’re not married or in a civil partnership, your partner has no automatic legal right to inherit your estate, even if you’ve been together for many years. What happens to your property depends on how it’s owned:
- Joint tenants: the property passes automatically to the surviving partner.
- Tenants in common: your share becomes part of your estate and follows your Will or the intestacy rules if no Will exists.
- Sole ownership: without a Will, your partner may not be entitled to remain in the home at all.
A properly drafted Will avoids these risks and provides clarity and protection for your loved ones.
Wills give you freedom
In England and Wales, you have the freedom to decide who inherits your estate. However, that freedom comes with responsibility. If you leave out people who are financially dependent on you – such as a spouse, partner, or child – they may have grounds to challenge your Will.
Getting professional advice helps ensure your Will is legally sound, fair, and less likely to be disputed.
Why do people delay making a Will?
We often hear from clients that they’ve put off making a Will for a long time and the reasons are varied. For some, it’s the emotionally difficult conversation around guardianship for children. For others, there’s a superstition that writing a Will might somehow ‘tempt fate’. Practical barriers also crop up, like not knowing where to start, assuming it will be time-consuming or expensive, or believing they don’t have enough assets to justify it. But the reality is that making a Will is often simpler – and more affordable – than people think. And, putting it off can create far greater complications down the line.
Plan ahead with confidence
A Will gives you peace of mind. It ensures your wishes are carried out and makes things easier for the people you care about. But it’s not just about making a Will it’s about making the right Will.
The Rowleys Wills specialists can help you make informed decisions about your future. We’ll take the time to understand your needs and provide tailored advice to protect your estate and the people who matter most. Get in touch to speak to a member of our team.