Charity organizations are calling on the two-thirds of people who haven’t prepared a will to take action—otherwise, their assets could go to the crown. On October 21, 2024, Shane Hickey reported that individuals are being encouraged to confront their fears about mortality and ensure their wills are in place to maintain control over their estates after death.
Recent research by Will Aid, a charitable initiative that offers free will-writing services for a suggested donation—distributed among various charities—reveals that two-thirds of people either lack a will or possess an outdated one. Failing to have an up-to-date will can lead to money, property, and other assets being claimed by the crown. In the last tax year alone, nearly £13 million was collected from estates of individuals who passed away without a will or heirs.
Nick Hall, a solicitor at the London law firm Gunnercooke, underscores the importance of having a will, explaining that even if you have family members who could inherit your assets, not having a will means losing control over the distribution. “It’s like having a boat but no one at the helm,” he notes.
The good news is that individuals can often draw up a basic will either for free or at a low cost, thanks to initiatives designed to support charities reliant on donations from wills.
So, why do so many people still lack a will? A will is crucial in determining how your assets are distributed upon your death, and not having one can create considerable challenges for loved ones. Although there has been a notable increase in will-making since the pandemic, statistics from Will Aid indicate that 56% of individuals still haven’t completed one, and of the 11% who have, many are outdated.
Richard Millar, the organizer of Free Wills Month, points out that writing a will often gets pushed to the bottom of the to-do list. “It’s not the most thrilling task. Engaging with our own mortality is something we tend to avoid,” he explains.
Hall mentions that the pandemic encouraged many to either draft new wills or review existing ones to ensure their directives align with their current wishes. On the other hand, Peter de Vena Franks, campaign director for Will Aid, highlights a common misconception: over a quarter of people believe they don’t own anything of value to bequeath. “It’s not solely about the monetary or physical assets,” he argues. “Losing someone is already incredibly taxing emotionally, and not knowing their final wishes—whether regarding funerals or sentimental belongings—only adds to the burden during an undoubtedly difficult time.”
What happens if someone dies without a will? The laws of intestacy take effect, determining who will benefit from the deceased’s estate. Only married partners, civil partners, and children can inherit; friends and charities are excluded.
In England and Wales, a surviving spouse or civil partner retains assets—up to £322,000—which are then shared with the deceased’s children. If there’s no spouse or children, the estate may go to parents, siblings, or other relatives. Without any eligible heirs, the estate becomes the crown’s property, classified as bona vacantia, or ownerless assets.
In the last fiscal year, Treasury solicitor Susanna McGibbon reported that the estate of individuals who died intestate generated nearly £12.8 million. The Treasury solicitor handles these cases in England and Wales, although some regions, like the Duchies of Cornwall and Lancaster, fall under different jurisdiction.
So, why should you consider drafting a will now? March, October, and November are designated months when individuals can have a basic will created for free. Charities like Cancer Research UK and the Stroke Association also offer free will-writing services with the hope of receiving future donations.
Free Wills Month provides people over 55 with the opportunity to draft simple wills through participating solicitors. Millar emphasizes that funds from wills contribute significantly to many charities, with some relying on them for as much as three-quarters of their funding.
Will Aid runs in November, allowing anyone over 18 to have a basic will created with a voluntary donation—typically suggested at £100 for a single will or £180 for mirror wills that outline the same terms for couples. Outside these free periods, drafting a will can cost between £250 and £350, according to Hall.
Charities such as Age UK, the British Red Cross, Christian Aid, NSPCC, Save the Children, SCIAF, and Trócaire benefit from these donations. A basic will typically names a few beneficiaries, designates guardians for minor children, and may include charitable bequests. However, it does not address situations requiring a trust or managing substantial estates.
What if you already have a will? It’s crucial to keep it updated, especially after significant life changes such as marriage, divorce, or the death of someone named in your will. Hall explains that while a divorce doesn’t invalidate your will, it treats your former spouse as if they have died, activating the next clause in your will—which may not reflect your current intentions.
