Many people assume writing a Will is something to think about later in life. But recent warnings from lawyers suggest that midlife may be the most important time to put one in place.
A recent report* highlighted by the legal press has raised concerns that many people in their 40s and 50s still do not have a Will, despite this often being the stage of life when finances and family arrangements are at their most complex.
For many, midlife brings major responsibilities - property ownership, children growing up, pensions and growing financial assets. Without a Will, those responsibilities can create uncertainty for loved ones if the unexpected happens.
The growing risk of inheritance disputes
Research cited by lawyers suggests that nearly three in five people aged 45 - 54 do not have a Will.
This lack of planning is increasingly leading to disputes between families after someone dies. Legal professionals report seeing a rise in contested estates in recent years, often caused by unclear wishes, outdated documents or no Will at all.
When someone dies without a valid Will, their estate is distributed according to the rules of intestacy, rather than personal wishes. These rules determine who inherits and in what order, which may not reflect the relationships or intentions of the deceased.
For example, unmarried partners, and even those who have lived together for many years - do not automatically inherit under intestacy rules, potentially leaving them financially vulnerable.
This is one of the key reasons lawyers are encouraging people in midlife to act sooner rather than later.
Why your 40s and 50s are a critical time to make a Will
Your 40s and 50s are often when life becomes more complicated from a legal and financial perspective. At this stage, many people:
Without clear instructions in a Will, families can be left dealing with uncertainty, disagreement and potentially costly legal disputes. The reality is that the cost of putting a Will in place now is minimal compared with the expense and stress that disputes can cause later.
A Will also allows you to make important decisions that the law cannot automatically determine, such as appointing guardians for children, specifying how assets should be divided and setting out personal wishes.
Updating your Will is just as important
Even people who already have a Will should review it regularly. Major life events can significantly affect whether your will still reflects your intentions. These can include:
Marriage, divorce or a new relationship.
In England and Wales, marriage automatically revokes an existing Will unless it was made in contemplation of that marriage. Divorce can also affect the validity of certain provisions, particularly where a former spouse is named as a beneficiary or executor. Reviewing your Will following relationship changes helps ensure your estate is distributed as you intend.
Having children or grandchildren.
Many parents wish to make specific financial provisions for their children, or to appoint guardians who would care for them if the unexpected happens. As families grow, a Will can also be updated to include gifts or arrangements for grandchildren.
Buying or selling property may also require a review.
Property is often the most significant asset within an estate, and changes to property ownership, such as purchasing a new home or downsizing - can affect how assets should be distributed.
Changes in financial circumstances.
Over time, people may accumulate new investments, pensions or savings, or alternatively reduce assets through spending or gifting. A Will should reflect your current financial position and priorities.
Starting or selling a business.
Business owners may need to consider succession planning, ownership transfer and how business assets should be treated alongside personal assets.
[Ultimately, an outdated Will can create uncertainty or unintended consequences for your loved ones. Regular reviews help ensure your wishes remain clear and legally effective.]
How Coles Miller can help
Planning your estate is about more than paperwork – it’s about protecting your family and ensuring your wishes are respected.
Our experienced Wills & Probate team can guide you through every stage of the process with clear, practical advice tailored to your personal circumstances.
We can help you:
A carefully written Will ensures your estate is distributed according to your wishes and reduces the risk of disputes.
Life often changes, and your Will should change with it. We can review your current arrangements and ensure they still reflect your intentions.
Blended families, unmarried partners and second marriages can create additional legal considerations. Our team can help structure your Will so that everyone you care about is protected.
We can also advise on related matters such as trusts, inheritance tax planning and Lasting Powers of Attorney, helping you take a more comprehensive approach to protecting your future.
Most importantly, we help clients ensure that their loved ones are not left dealing with uncertainty or conflict at an already difficult time.
Taking the first step
Many people delay making a Will because they believe they still have time. But midlife is often when the decisions you make now can have the greatest impact on the people you care about.
Putting a Will in place is one of the simplest and most effective ways to ensure your wishes are respected and your family is protected.
Get Expert Legal Advice on making A Will
Contact Associate Solicitor Kerry Hay for expert legal advice on Wills, probate, Inheritance Tax planning, powers of attorney, trusts and Court of Protection matters.
Kerry qualified as a solicitor in 2013 after studying at Bournemouth University and the Oxford Institute of Legal Practice.
She is a member of the Society of Trust and Estate Practitioners (STEP), a worldwide organisation of lawyers, accountants, trustees and other practitioners with extensive experience of wills and probate matters. Members must have at least five years’ experience of wills and probate. They must also pass strict selection criteria.
Kerry is also accredited by the Association of Lifetime Lawyers, formerly known as Solicitors for the Elderly. It is a national organisation of 1,500 lawyers dedicated to helping older and vulnerable clients.
Contact Kerry at our Poole office.