006 HOW TO WRITE A WILL, COMMON MISTAKES THAT CAN HAVE DEVASTATING EFFECTS EXPLAINED
How to write a Will and what can happen if not done correctly. Writing a Will is a simple process but doing it the wrong way or putting it off completely can have devastating effects down the line. If you’d like to arrange a chat about a Will, please get in touch with abi@lchwealth.co.uk
Abigail Bird is Partner and Head of Legacy at Laurus. She is an expert in Estate Planning, inheritance planning and succession planning.
Lisa Conway-Hughes is a Chartered Financial Adviser, a Fellow of the Personal Finance Society and is founder of LCH/WEALTH. Lisa regularly posts financial information, education and updates on her hugely popular Instagram account: https://www.instagram.com/misslollymo…
Book a one to one Financial Diagnosis with LCH/WEALTH here: https://lchwealth.co.uk/lch_wealth_se…
This content is to be used for information and educational purposes only and nothing contained in it is or is intended to be construed as individual financial advice. Financial advice must only be given on an individual basis. If you require legal advice, financial advice or any other expert assistance, you should seek the services of a competent and qualified professional.
Show Transcript
Podcast Transcript: Will Power — Why You Need a Proper Will
Lisa Conway-Hughes:
Approximately 60% of UK people don’t have a will. It’s just so critically important to get a will in place. Not having it done right is just as damaging as not having one at all. If you don’t have a will with a guardianship provision, any minor children can be taken into care.
There’s also a common misconception that the surviving spouse will automatically inherit everything. But if there’s no one alive in any of those categories, then the Crown will inherit your whole estate.
So today’s episode is called Will Power, and it’s all about getting your affairs in order. What actually happens if you don’t have a will? I’m joined by Abigail Bird from Laurus. She’s an Equity Partner, and also award-winning — she got the highest results in the country in her STEP exams. So we love her. Welcome, Abi!
Abigail Bird:
Thanks so much for having me, Lisa.
Lisa Conway-Hughes:
So, approximately 60% of people don’t have a will. And only 57% of solicitors do! Why do you think people don’t have one?
Abigail Bird:
I think it’s one of those things always on the life admin list, but it struggles to get to the top. Life gets in the way. It doesn’t feel urgent until you go through something yourself, or see the impact on a friend or family member. Sometimes it takes that trigger event for people to take action.
Lisa Conway-Hughes:
It’s just so important to get it done. And writing it incorrectly can be just as damaging, right?
Abigail Bird:
Exactly. We’ve worked on cases where the will wasn’t done properly — not by us! — and the outcomes were awful. Poorly drafted wills can cost thousands to fix after someone dies. And sometimes, by then, it’s too late to fix them.
Lisa Conway-Hughes:
So what happens if someone dies without a will?
Abigail Bird:
Then the intestacy rules apply. They’re government-set rules about who inherits. But they don’t cover things like guardianship for children, pets, or even funeral wishes.
Lisa Conway-Hughes:
Let’s say I die and I’m married with kids. Doesn’t everything just go to my husband?
Abigail Bird:
That’s a common misconception. Actually, the first £325,000 plus personal items go to your spouse. The rest is split — 50% to your spouse, 50% to your children. That means your kids could end up being part-owners of your house, and trustees would have to be appointed if they’re minors.
Lisa Conway-Hughes:
And if you’re not married?
Abigail Bird:
Then your partner gets absolutely nothing under intestacy rules — regardless of how long you’ve lived together. If you want them to inherit, you need to name them in a valid will.
Lisa Conway-Hughes:
That’s awful. I’ve read stories about that — one partner at home, mortgage not in their name, and they lose everything.
Abigail Bird:
Yes, and at a time that’s already hugely stressful. If there’s no one in the intestacy categories, the Crown gets your entire estate.
Lisa Conway-Hughes:
And it’s not just financial — the admin sounds horrendous too.
Abigail Bird:
It is. First, someone needs to be identified as the administrator, and they have to prove there’s no will — which means searching the home, asking banks, law firms, even doing will searches, which costs money. If they get it wrong, they can be held personally liable.
Lisa Conway-Hughes:
And what about children?
Abigail Bird:
If there’s no guardianship provision in a will, then yes — your children could be taken into care while the courts and social services decide who should look after them. It’s often the main reason parents come to us.
Lisa Conway-Hughes:
That was my motivation. And writing my will was easy — 15 minutes on the phone, the “will fairies” wrote it up, and we had a quick meeting to sign. Done.
Abigail Bird:
Exactly. We keep it simple. One hour with me, no bulky questionnaire. We talk through assets, liabilities, wishes — and most of the time, that’s enough for a draft. Then we tweak, finalise, and get it signed.
Lisa Conway-Hughes:
You do still need a wet signature, right?
Abigail Bird:
Yes. The will must be signed in front of two independent witnesses. And no, they can’t be beneficiaries — or married to beneficiaries — or the gift is void.
Lisa Conway-Hughes:
Why not just get one of those £30 DIY will packs?
Abigail Bird:
Good question. Firstly, you get certainty with a solicitor — no ambiguity. I’ve seen wills that don’t cover joint accounts, or that leave out key assets, leading to partial intestacy.
Secondly, we’re regulated and insured. Our duty of care extends to your beneficiaries too. If something goes wrong, they have recourse. That’s not the case with unregulated will writers.
Lisa Conway-Hughes:
And you check capacity too, right?
Abigail Bird:
Yes — for a will to be valid, you must have testamentary capacity. We record our findings and, if necessary, get a doctor involved. That protects against challenges like undue influence or lack of capacity.
Lisa Conway-Hughes:
What about legal challenges — like kids contesting the will?
Abigail Bird:
That’s common. We have testamentary freedom in the UK, but spouses and children can challenge a will if they feel reasonable provision hasn’t been made. We’re seeing more and more of these cases, and the legal costs can be enormous — sometimes tens of thousands per side.
Lisa Conway-Hughes:
What’s one of the worst mistakes you’ve seen?
Abigail Bird:
One client left a gift to “my grandchildren” — but didn’t say “alive at my death.” The family had to wait until all women were past childbearing age before dividing the estate.
Another case involved misspelling a charity’s name, which led to a legal dispute between two major charities.
Lisa Conway-Hughes:
Charities can be quite aggressive in those cases.
Abigail Bird:
Yes — they rely heavily on legacies and will fight for their entitlement. But giving to charity has perks too — it’s inheritance tax-free, and if you gift 10% or more, the tax rate on the rest drops from 40% to 36%.
Lisa Conway-Hughes:
How often should you review a will?
Abigail Bird:
Every 3–5 years, or sooner if there’s a change in your life — marriage, divorce, having kids, receiving inheritance, moving abroad, or legislative changes. For example, recent changes to Business Property Relief and Agricultural Property Relief are prompting many to review their wills.
Lisa Conway-Hughes:
And finally, tell us about Will Aid?
Abigail Bird:
Will Aid runs every November. You can get a solicitor-written will in exchange for a charity donation. We also participate in the National Free Wills Network, available year-round. If your case is complex, you may need to top up, but you still get it professionally done — and support charity too.
Lisa Conway-Hughes:
Brilliant. Let’s hope we’ve encouraged some of the 31 million people without a will to finally write one.
Abigail Bird:
Let’s keep educating. Thanks so much for having me.
