5 myths about dying without a will that I hear every week

Why I keep hearing the same reasons

When you write Wills for a living, you hear the same handful of reasons for putting it off, over and over again. They're almost never "I don't care what happens." They're usually a belief about the law that sounds sensible but isn't true.

If you die without a Will in England and Wales, your estate is shared out under fixed rules called the intestacy rules. They don't ask what you wanted. They don't know who you were close to. They just follow a set order set out by the government.

Here are the five myths I hear most, and what actually happens.

Myth 1: "My husband or wife gets everything anyway"

Sometimes, but not always.

Anything you own jointly as "joint tenants", typically the family home and joint bank accounts, passes straight to your spouse regardless of a Will. The trouble starts with what's in your sole name.

If you have children, your spouse gets your personal belongings, the first £322,000 of your sole-name estate, and half of anything above that. The rest goes to your children, held on trust until they're 18.

So a couple with a jointly owned home and modest savings may be fine. But if the house is in one name, or there are sizeable savings, investments or a business, part of your estate can bypass your spouse and go to your children instead. At 18, they get it outright, whether or not they're ready.

And if you both die together, there's no Will naming who raises your children. That decision could end up with the courts.

Myth 2: "We've lived together for years, so we're basically married"

This is the most common myth I hear, and the most damaging. There's no such thing as "common-law marriage" in England and Wales. However long you've been together, and however many children you share, the law doesn't treat you as married.

Under the intestacy rules, an unmarried partner has no automatic right to anything from your estate. If your home is in your sole name, or you own it as "tenants in common", your share doesn't pass to them. It goes to your children, parents or siblings instead.

Your partner can apply to court for financial provision if you lived together as a couple for at least two years before you died. But that's a legal claim, not an inheritance. It costs money, adds stress at the worst time, has a strict deadline, and the outcome isn't guaranteed.

If you're not married, a Will is the only reliable way to make sure your partner is looked after.

Myth 3: "I don't own enough to need a Will"

A Will isn't only about money. It's where you name who looks after your children, who deals with your affairs, and who gets the things that matter to you: a ring, a car, family photos, even the dog.

Smaller estates also tend to cause the most arguments, not the fewest. When the only real asset is a modest house or a few thousand pounds, every share feels significant.

And if there's no one the intestacy rules recognise, no spouse and no blood relatives in the right line, your estate can go to the Crown. A best friend, a stepchild you raised, or a charity you've supported for years gets nothing unless you say so in writing.

Myth 4: "My family will sort it out between them"

They might, and many families genuinely try. But they can't simply decide among themselves to ignore the rules.

To redirect an inheritance, the person entitled to it has to formally give it up, usually through a legal document called a deed of variation. Everyone affected must agree. And if any of the beneficiaries are children under 18, they can't give up their share themselves. That usually means going to court, which is slow and costly.

Grief also changes people. I've seen close siblings fall out permanently over a modest house, simply because nothing was written down and each remembered Mum's wishes differently. A Will doesn't guarantee harmony, but it removes the guesswork that causes most disputes.

Myth 5: "Making a Will is expensive and complicated"

For most people, it's neither. If your situation is fairly simple, there are low-cost and genuinely free ways to make a valid will. The hardest part is usually deciding what you want, not the paperwork.

What matters most is that it's done properly. You need to be at least 18 and understand what you're signing. The Will must be in writing, and you must sign it in front of two adult witnesses who are with you at the same time and sign it too. Avoid using anyone who benefits from the will, or their husband or wife, as a witness, or they'll lose what you've left them. A Will that isn't signed and witnessed correctly can be invalid, putting you right back under the intestacy rules.

Two other things catch people out. Marriage normally cancels any Will you made before, and separating doesn't update it automatically. Review your Will whenever your life changes.

If you have a business, property overseas, a blended family, or want to protect assets in a trust, that's the time to get specialist advice.

The real cost of believing these myths

Every one of these myths has the same effect. It makes putting off a Will feel harmless. And the person who believes it never sees the consequences. Their partner, children or parents do.

I should be clear that I have an interest here. I run a free Will-writing service, freewillwriting.com, so I'm hardly neutral. But whichever route you take, a solicitor, a Will Writer or a free service, the important thing is that it gets done and done correctly.

Pick one evening this month. Write down who matters to you, who you'd trust with your children and your affairs, and what you'd want them to have. Then turn it into a proper will. It's one of the kindest things you can do for the people you'll leave behind.

This article covers the law in England and Wales. Scotland and Northern Ireland have different rules. It's general information, not legal advice for your circumstances.