The Uncomfortable Truth About Wills
- Colin Barrett
- May 7
- 4 min read
Why half of all wills created may not truly reflect your wishes
There is a comforting belief that once you have written a Will, the job is done.
Your wishes are clear, your family is protected, and everything will pass as intended.
Unfortunately, the reality is more complicated than that.
Based on current UK data, it is reasonable to estimate that around half of all existing Wills may be vulnerable to a problem known as sideways disinheritance. It is not widely understood, but it is one of the most common ways that family wealth quietly slips away from the people it was meant for.
How many people actually have a Will?
Recent research suggests that around 37% to 41% of UK adults have a Will in place. That equates to roughly 20 to 22 million people.
This percentage is worryingly low and shows how much work there is still to do in educating people in the UK about why a Will is such an important document.
But even more concerning is this.
Having a Will does not automatically mean your wishes are protected.
The problem with “simple” Wills
A large proportion of Wills in the UK are what we would describe as “basic” or “mirror” Wills.
They tend to follow a familiar pattern:
Everything passes to a spouse or partner
On second death, everything passes to the children
On the surface, this feels entirely logical. It is simple, clear, and easy to put in place.
However, research suggests that around 60% to 65% of Wills do not contain any form of trust protection.
That is where the risk begins.
What is sideways disinheritance?
Sideways disinheritance happens when assets move outside the intended family line after they have been inherited.
It is not usually the result of anything deliberate or malicious. It happens because life changes, and assets that were passed outright become exposed to those changes.
Importantly, this is not just about what happens between spouses.
It can happen at every stage of the family line.
How the risk unfolds across generations
Most people assume the risk lies in what happens after the first death. In reality, the risk continues long after both partners have gone.
Here are just a few examples.
After the first death
Assets pass outright to a surviving partner.
From that point on, those assets are legally theirs. Future relationships, changes to their Will, or external pressures can all influence where those assets ultimately end up.
After the second death
Children inherit their share, often outright.
At this point, the same risks apply again:
A child may go through a divorce
A child may face financial difficulties or insolvency
A child may form a new relationship and redirect assets
A child may simply make different decisions about their own Will
In each case, the inheritance is no longer protected within the original family line.
The impact on future generations
By the time we reach grandchildren or great-grandchildren, the outcome can be very different from what was originally intended.
Assets that were meant to benefit the family as a whole can be diluted, redirected, or lost entirely.
And again, nothing improper has happened.
The plan has simply not accounted for how life unfolds.
Why this risk is so widespread
When you combine simple Will structures with real-world statistics, the scale of the issue becomes clear.
There are over 100,000 divorces each year in England and Wales
Blended families are now a normal part of modern life
Over 100,000 individuals enter insolvency each year
Many people never update their Will as circumstances change
Each of these factors introduces risk.
When assets are passed outright, that risk is carried forward with every generation.
Why trusts make such a difference
A properly structured Will can change this outcome.
Instead of assets passing outright, they can be held within a trust.
This allows:
Loved ones to benefit from the assets
Protection against divorce, insolvency, and external claims
Control over how assets pass from one generation to the next
Greater certainty that your original intentions are respected
It is not about restricting your family.
It is about protecting them, and protecting what you have worked hard to build.
The uncomfortable truth
If your Will relies on assets passing outright at each stage, there is a real possibility that:
Your family wealth may not stay within your family
Future events could reshape your intentions completely
The people you most want to benefit may not do so in the long term
And you would never know.
A better question to ask
Most Wills answer the question:
“Who should inherit when I die?”
But the more important question is:
“What happens after that?”
Because that is where the real risks lie.
Final thoughts
Writing a Will is an important step, but it is only part of the process.
The structure of that Will, and how it responds to real-life events across generations, is what determines whether your wishes are truly carried out.
If around half of all Wills may be vulnerable, it is worth taking a moment to ask:
Is yours built to last, or just built for today?
Contact us today
Let’s make sure you and your loved ones are protected, now and always.
Make time now...for your family and for your peace of mind.
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