The Most Dangerous Myths
These misconceptions are the ones most likely to leave your family unprotected. They are widely believed and frequently acted upon — often with serious consequences.
Myth
“My spouse automatically inherits everything when I die”
The truth
This is the most dangerous misconception in estate planning. In England and Wales, if you die without a will (intestate), the intestacy rules apply — and they do not simply hand everything to your spouse. If your estate exceeds £322,000, your children are entitled to half of the excess. If you have children from a previous relationship, the rules become even more complex. Even with a will, assets held in your sole name must go through probate before your spouse can access them.
Myth
“I don't need a will — I'm married”
The truth
Marriage does not create an automatic right to inherit your entire estate. The intestacy rules give your spouse priority, but only up to a point. More critically, marriage automatically revokes any existing will you made before the marriage — meaning if you made a will before your wedding and have not updated it, you are now effectively intestate. Cohabiting partners have no automatic inheritance rights at all under English law, regardless of how long they have lived together.
Myth
“A trust immediately protects my assets from care fees”
The truth
This is a dangerous half-truth. Placing assets into a trust does not automatically protect them from local authority care fee assessments. If the primary purpose of the transfer was to avoid care fees — known as deliberate deprivation of assets — the local authority can treat the assets as if you still own them. Trusts can form part of a legitimate long-term care planning strategy, but they must be set up for genuine estate planning reasons, not purely as a last-minute care fee avoidance measure.
Myth
“I can name guardians for my children in any document”
The truth
A will is the only legally recognised document in England and Wales for appointing a guardian for minor children. If you die without a will — or if your will does not name a guardian — the court will decide who raises your children. This decision may not align with your wishes. Naming a guardian in your will, and discussing this with the person you have chosen, is one of the most important reasons for any parent to make a will.
Myth
“Pensions and life insurance are covered by my will”
The truth
Pension funds and life insurance policies written in trust pass outside your estate and are not governed by your will. Your pension is directed by the Expression of Wish form you complete with your pension provider — the trustees have discretion, but they will almost always follow it. Life insurance written in trust passes directly to the named beneficiaries. If you have not updated these nominations after a divorce, remarriage, or the birth of a child, the money could go to the wrong person — regardless of what your will says.
Myth
“Dying without a will is fine — the government sorts it out”
The truth
Dying intestate (without a will) does not mean the government 'sorts it out' in a helpful way. The intestacy rules are rigid, inflexible, and may produce outcomes you would never have chosen. Unmarried partners receive nothing. Stepchildren receive nothing. Estranged relatives may inherit. The process is also slower and more expensive than administering an estate with a valid will. In the most extreme cases — where no relatives can be found — the estate passes to the Crown (bona vacantia).
Further Common Misconceptions
These myths are equally widespread but often less immediately harmful — until they are acted upon.
Myth
“A will avoids probate”
The truth
A will does not avoid probate — it directs the probate process. Probate is the legal process of administering a deceased person's estate, and it is required whether or not there is a will (in most cases). What a will does is give the court clear instructions to follow. Without a will, the court must apply the intestacy rules, which may not reflect your wishes. If avoiding probate is your goal, a trust — not a will — is the appropriate tool.
Myth
“Trusts are only for the wealthy”
The truth
This is one of the most persistent myths in estate planning. There is no legal minimum asset value required to create a trust. Trusts are used by middle-income families every day to protect the family home from care fees, to ensure a surviving spouse can remain in the property while preserving children's inheritance, and to manage assets for vulnerable beneficiaries. A property trust will — one of the most common trust arrangements — is relevant to anyone who owns a home.
Myth
“I can just write my own will”
The truth
While a handwritten (holographic) will can be valid in some circumstances, DIY wills are one of the most common sources of estate disputes. Common errors include improper witnessing (a beneficiary or their spouse cannot witness the will), ambiguous wording, failure to account for all assets, and not updating the will after major life events. A poorly drafted will can cost your family far more in legal fees to resolve than the cost of having it professionally prepared in the first place.
Myth
“My will covers all my assets”
The truth
Your will does not cover all your assets. Assets that pass outside your will include: jointly owned property held as joint tenants (which passes by survivorship), pension funds (which are directed by your Expression of Wish form, not your will), life insurance policies written in trust, and assets held in a trust. Understanding which assets fall inside and outside your estate is a critical part of estate planning — and many people are surprised to discover that their largest assets (pension, jointly owned home) are not covered by their will at all.
Myth
“Wills cannot be contested”
The truth
Wills can be — and frequently are — contested in court. Grounds for contesting a will include: lack of testamentary capacity (the person did not have mental capacity when they signed), undue influence (someone pressured them), fraud or forgery, and failure to make reasonable financial provision for a dependent under the Inheritance (Provision for Family and Dependants) Act 1975. A professionally drafted will with proper capacity assessments and witnessing is far more difficult to challenge than a DIY document.
Myth
“Once made, a will lasts forever without changes”
The truth
A will should be reviewed every three to five years and after every major life event. Events that should trigger an immediate review include: marriage (which revokes an existing will), divorce (which revokes gifts to an ex-spouse but does not revoke the will itself), the birth of a child or grandchild, the death of a named executor or beneficiary, significant changes in your assets, and changes in tax law. An out-of-date will can be almost as problematic as no will at all.
What a Properly Structured Estate Plan Actually Does
Understanding what estate planning can and cannot do is the foundation of protecting your family. A well-structured plan typically involves several complementary documents working together.
A professionally drafted will
Directs the distribution of your estate, appoints executors, names guardians for minor children, and creates any trusts you wish to establish. It does not cover pensions, jointly owned property held as joint tenants, or assets already held in trust.
A trust (where appropriate)
Can hold assets outside your estate, bypass probate, protect the family home from care fees or remarriage, and manage assets for vulnerable or minor beneficiaries. A property trust will is the most common arrangement for homeowners.
Updated pension nominations
Your Expression of Wish form with each pension provider directs where your pension goes. This must be kept up to date — particularly after divorce, remarriage, or the birth of a child. Your will has no power over your pension.
Life insurance written in trust
Life insurance written in trust passes directly to named beneficiaries outside your estate, avoiding probate and inheritance tax. If your policy is not written in trust, the payout forms part of your estate and may be subject to IHT.
Lasting Power of Attorney
Appoints trusted people to manage your finances and make healthcare decisions if you lose mental capacity. Without an LPA, your family may need to apply to the Court of Protection — a slow and expensive process — to manage your affairs.
What Your Will Covers — and What It Does Not
One of the most common misconceptions is that a will covers all your assets. It does not. Understanding which assets fall inside and outside your estate is essential.
Covered by your will
- ✓Property held in your sole name
- ✓Property held as tenants in common (your share)
- ✓Bank and savings accounts in your sole name
- ✓Investments and shares in your sole name
- ✓Personal possessions and vehicles
- ✓Business interests (subject to structure)
- ✓Debts owed to you
NOT covered by your will
- ✗Jointly owned property held as joint tenants
- ✗Private pension funds (directed by Expression of Wish)
- ✗Life insurance written in trust
- ✗Assets already held in a trust
- ✗Joint bank accounts (pass by survivorship)
- ✗Death-in-service benefits
- ✗State Pension (ongoing benefit, not a fund)
Ready to Put the Myths to Rest?
Our Wills, Trusts & Estates team can review your current arrangements, identify any gaps, and ensure your estate plan reflects your actual wishes — not the assumptions that leave families unprotected.