The best way to ensure that your estate will pass to those you wish is to make a will and ensure it is kept up to date. Having a will in place will also make it easier to administer your estate.
Figures from the Ministry of Justice (MoJ) show that the number of estates without a will increased by 17 per cent in the last year to 51,140, the highest figure in five years. In January 2025, the Money and Pensions Service published research showing that 53 per cent of those aged 50-64 and 22 per cent of over 65s do not have a will.
If someone dies without having made a valid will, their estate will be distributed in accordance with Section 46 of the Administration of Estates Act 1925. If the person who died was married or in a civil partnership and had no children, the surviving spouse or civil partner will inherit the entire estate. If there are children, the surviving spouse will inherit the ‘personal chattels’ (the personal property and belongings of the deceased), the first £322,000 of the estate and half the remaining estate, with the other half going to the children.
Figures from the MoJ also show that probate disputes are on the rise, with the number of disputes coming before the courts increasing by 37 per cent between 2014 and 2023. The number has continued to rise, with an average of 992 disputes per month between January and September 2024.