Why "Just Having a Will" Might Not Be Enough

Colin Barrett
Jun 3
2 min read

How to protect your estate from sideways disinheritance, tax risks, and future vulnerability.

A Will is a Great Start — But It’s Not the Full Story

Writing a Will is one of the most important steps you can take to protect your loved ones. But many people believe that just having a Will is enough, and unfortunately, that’s not always the case.

In this article, we look at five key risks that a standard Will might not cover, and how smart estate planning can give you, and your family, greater peace of mind.

1. The Risk of Sideways Disinheritance

Leaving everything to your spouse might feel like the simplest solution, but it comes with hidden risks, especially if your spouse remarries after your death.

Without additional planning, your estate could end up passing to their new partner or stepchildren, rather than your own children or grandchildren. This is known as sideways disinheritance, and it’s surprisingly common.

Solution: Consider a Life Interest or Family Trust that allows your spouse to benefit during their lifetime, but ensures your share eventually passes to your children.

2. Vulnerability to Inheritance Tax (IHT)

Even when a Will divides assets fairly, it may expose your estate to unnecessary tax.

If you leave money outright to your children and they already have substantial estates, your gift could increase their exposure to Inheritance Tax at 40%.

Solution: Use a Discretionary Will Trust to hold assets outside of their estates, offering flexibility and tax efficiency.

3. Divorce, Bankruptcy or Long-Term Care

Once a beneficiary receives an inheritance directly, it becomes part of their own estate, meaning it could be lost in:

A divorce settlement
A business failure or bankruptcy
A local authority care fees assessment

Solution: Holding funds in trust can offer a layer of protection, so that assets remain accessible but shielded from certain risks.

4. Young or Vulnerable Beneficiaries

If your children or grandchildren are very young, or if any of them face challenges such as addiction, debt, or disability... leaving money outright may not be wise.

Solution: Trusts allow you to appoint responsible trustees to manage the inheritance on their behalf, with discretion to provide support when and how it’s most appropriate.

5. Losing the Residential Nil Rate Band (RNRB)

To claim the additional Inheritance Tax allowance known as the Residential Nil Rate Band (currently up to £175,000), your property must be passed to direct descendants.

If your Will includes a trust, the wording must be carefully structured to ensure that this valuable allowance isn’t lost.

Solution: Get your Will professionally reviewed to make sure your trust arrangements still qualify under RNRB rules.

Final Thought

Having a Will is a crucial start, but for most families it’s only the beginning.

By combining your Will with carefully structured trusts and planning tools, you can ensure your estate is passed on in the most secure, tax-efficient and family-focused way possible.