Increased living costs and financial pressures in the UK are affecting how many individuals and families are making financial decisions. That is not surprising when the Bank of England Inflation Calculator shows that goods and services which cost £100 in 2020 would cost £129.45 in March 2026.
Against this backdrop, many people are also trying to plan for the future. As part of that process, they may be asking:
- When should I make a will?
- Can I save money by preparing a will myself?
- Should I now challenge a will if I am facing financial pressures?
This article explores how economic conditions may influence will‑making and inheritance disputes in England and Wales. It also highlights the risks associated with using DIY wills.
1. When to Make a Will
In times of financial uncertainty, preparing a will is often seen as a non‑essential expense. However, the legal and financial risks of not having a will (known as intestacy) can be significant.
What is the Risk of not Having a Will?
If a person in England & Wales dies without a valid will, their estate is distributed in line with legislation (known as the Intestacy Rules).
This causes problems because the Intestacy Rules do not automatically provide for unmarried cohabiting partners (regardless of the length of the relationship), and they may not provide for certain financial dependants.
This creates two potential risks:
- A deceased person’s wishes not being carried out; and
- An increase in the likelihood of claim occurring against an estate.
The Annual National Wills Report 2024 report estimates that only around 53% of adults in the UK have a will. This low level of uptake in will-making is already problematic, but financial pressures might deter even more people from a making a will. If that occurs, the number of intestate estates will increase.
2. DIY Wills – Saving Costs or a False Economy?
Rising living costs means that many more people might look for cheaper alternatives for making a will. For example, making a homemade will or copying a will made by other people.
Why are DIY Wills Attractive?
Preparing a homemade will, using a quick online DIY will service or a will pack, can be tempting, and it may seem like an easy solution.
In some cases, the initial cost of making the will might also appear to be cheap or the will service may offer free gifts. But some DIY wills can incur significant costs to estates and create problems for beneficiaries and executors.
This is because will‑writing in England and Wales is unregulated and the quality and effectiveness of will-making services and varies greatly.
Are There Common Problems with DIY Wills?
Yes. The list below provides examples of common problems with DIY wills:
A. Invalid Execution
To make a valid Will, it must be signed and witnessed correctly using a specific procedure (under the Wills Act 1837). If it is not, the will may be declared invalid.
If a DIY will services does not provide accurate signing instructions or check that the correct procedure has been followed, an invalid will may not be spotted until after someone’s death. Dealing with this can be expensive and sometimes it is also impossible to remedy.
Example
Mr O prepares a DIY will leaving his estate to his long-term partner, Ms K. He signs the document, but does not arrange for it to be witnessed.
After his death, the will is declared invalid. Under the Intestacy Rules, Ms K receives nothing, and Mr O’s estranged brother inherits the estate.
Remedying invalid execution after death is often difficult and can be costly or impossible.
B. Unclear or Incomplete Drafting
A will must be precise. Unclear wording in a will can cause legal disputes about:
- Who should inherit assets; and
- How assets should be distributed.
Example
Beth Bloggs prepares her own will after downloading an online template.
She wants to leave £300,000 to her partner, John Smith and a painting to her brother, Jon Bloggs. The template has brackets where names of beneficiaries can easily be inserted
The Will says: “I leave Jon my painting of our mother and [ ] £300,000”.
The Will is correctly signed and witnessed, but Beth forgot to complete the second brackets with John’s name. When she dies, Jon claims that Beth wanted him to have £300,000 and the painting. Beth did not leave any other evidence of her wishes and Jon inherits the money and painting.
C. Inadequate Estate Planning
A Will may have to deal with number of assets and issues, including
- Complex family structure;
- Changes in personal circumstances; and
- Tax efficiency.
However, DIY wills do not do always properly address these factors. For example, there are a number of Inheritance Tax (IHT) exemptions and allowances, which can be used to reduce the amount of IHT which an estate has to pay. Yet, many people make DIY wills without being aware of these or how they might benefit their estate.
Example
Mr C made a will 15 years ago using an online service, leaving his estate to his former partner. He later married and had children but did not update his will.
On his death, his estate (worth £4 million) is left to his former partner. His spouse and children are not mentioned in the will.
Additionally, the estate faces a substantial Inheritance Tax liability which may have been reduced with appropriate planning.
D. Failing to Reflect Modern Family Structures
DIY wills may fail to deal with more complex issues such as:
- Blended families (step-families);
- Long‑term cohabitation;
- Financial dependants; and
- Surrogate children.
This can lead to unintended outcomes and disputes.
E. Hidden Costs and Risks
Some DIY will services may:
- Appoint themselves as executor;
- Charge substantial estate administration fees at a later stage; or
- Charge ongoing will storage fees.
The costs of making and storing a will, or administering an estate, should be carefully considered before proceedings.
3. Should you Challenge a Will?
There are lots of reasons why wills and estates are challenged. Broadly, most inheritance claims fall into two main categories:
A. Challenges to the Validity of a Will
This may involve:
- Concerns about the mental capacity required to make a will (known as testamentary capacity);
- Queries of whether the person making a will understood the will’s effect ;
- Undue influence (coercing someone to make a will); or
- Improper execution (the will not being correctly) signed and witnessed.
B. Inheritance Act Claims
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can make a claim if they do not receive reasonable financial provision from an estate.
Eligible applicants include:
- Spouses, ex-spouses and civil partners;
- Children (of any age);
- Cohabiting partners (who have lived together for at least 2 years prior to the date of death); and
- Financial dependants.
These claims are fact-sensitive and there is usually a six-month time limit involved from the grant of probate.
Trends in Inheritance Disputes
In 2024, Ministry of Justice statistics showed that inheritance disputes were on the rise. In 2025 that trend seems to have continued because there were there were a similar number of caveats entered over estates in England and Wales.
A caveat temporary blocks a grant of probate, because of concerns about the validity of a will. It is usually entered at the beginning of a will dispute.
While this increase is unlikely to have a single cause, financial pressures are likely to be a contributing factor.
Practical Advice
If you are considering making or updating a will, taking the following steps can help to try to the reduce the risk involved:
- Obtain specialist legal advice – particularly if your personal circumstances or assets are complex.
- Check what happens if things go wrong. Solicitors are regulated and they have professional indemnity insurance. If you use an alternative will service, check whether they will offer similar level of protection.
- Approach DIY wills with caution – as there is unlikely to be any protection available for your estate if things go wrong.
- Check costs, risk and terms and conditions carefully – while some will services and DIY wills may appear to be cheaper or easier, they can also incur greater long‑term costs and risk.
- Review your will regularly – particularly after major life events.
- Plan for potential will and inheritance claims. For example, if you intend to exclude someone from your will, obtaining specialist legal advice may help to reduce the risk of a claim being made.
- Invest time in making your will and carefully consider how you want your estate to be dealt with.
- Make a will – If you want to have any say in how your assets are distributed.
Conclusion
Although the precise impact of current cost of living pressures is uncertain, they are likely to:
- Increase reliance on DIY will‑making options;
- Lead to more intestate estates; and
- Contribute to a rise in inheritance disputes in England and Wales.
While short-term cost savings may appear attractive, they can result in significantly higher financial and emotional costs later. A properly drafted will remains one of the most effective ways to protect an estate and provide certainty for beneficiaries.
Our specialist Inheritance & Trusts Disputes Team advises clients about how to navigate will, inheritance and trust claims.