These will myths are misunderstandings that come up often when people put off making a will or deal with an estate. Each one starts with the short answer, then the rule and its primary source. The rules are for England and Wales; Scotland and Northern Ireland differ. Unfamiliar terms are explained in the will and probate glossary.
| Myth | What the law says | Full guide |
|---|---|---|
| Common-law partners inherit | No. Common-law marriage does not exist in England and Wales. | Wills for unmarried couples |
| Your next of kin inherits | No. Next of kin has no special status; the intestacy rules set a fixed order. | Next of kin |
| A spouse inherits everything without a will | Not if there are children: the estate is shared above a fixed sum. | Intestacy rules |
| An executor cannot inherit | No. An executor can also be a beneficiary. | Can an executor be a beneficiary? |
| A will must be registered | No. Registration and storage are optional. | Where to store a will |
| Only a solicitor can write a will | No. You can write your own; advice suits complex affairs. | Do I need a solicitor for a will? |
| Divorce cancels a will | No. The former spouse is treated as having died; the rest stands. | Does divorce affect a will? |
| Marriage does not affect a will | It does. Marriage or civil partnership revokes an earlier will. | Does marriage revoke a will? |
| Handwritten wills are not legal | They can be, if signed and witnessed like any will. | Can I write my own will? |
| Joint accounts follow the will | No. Joint money normally passes to the surviving owner. | What a will does not cover |
| Stepchildren inherit automatically | No. Only if adopted, or named in a will. | Can stepchildren inherit? |
| Most estates pay inheritance tax | No. HMRC says fewer than 1 in 20 estates pay it. | Inheritance tax explained |
Do common-law partners inherit?
No. “Common-law marriage” does not exist in England and Wales, however long a couple has lived together. GOV.UK says the right to inherit when someone dies without a will applies to married couples and civil partners, and that these rights do not apply to couples who live together. The intestacy rules in section 46 of the Administration of Estates Act 1925 provide for a spouse or civil partner, not a cohabiting partner. A partner who lived with the person as a couple for the two years before the death can ask a court for financial provision (Inheritance Act 1975, s.1), but that is a claim, not an inheritance. Read wills for unmarried couples.
Does your next of kin inherit everything?
No. “Next of kin” has no special legal status for inheritance. If there is a will, it decides who inherits. If there is not, the intestacy rules set a fixed order: a spouse or civil partner, then children and their descendants, then parents, brothers and sisters, and more distant relatives. Who can apply to deal with the estate follows a separate order in the Non-Contentious Probate Rules 1987, r.22. Being named as next of kin at a hospital gives no right to the estate. Read what next of kin means in law.
Does a husband, wife or civil partner inherit everything if there is no will?
Not always. A spouse or civil partner inherits everything only if there are no children, grandchildren or other descendants. If there are, the survivor receives the personal belongings, the first £322,000 (for deaths on or after 26 July 2023) and half of the rest; the other half goes to the children (Administration of Estates Act 1925, s.46; Fixed Net Sum Order 2023). The survivor must also outlive the person by 28 days to inherit under these rules. Jointly owned property held as joint tenants passes to the survivor separately. See the intestacy rules or try the intestacy flowchart.
Can an executor also inherit under the will?
Yes. An executor can also be a beneficiary, and family executors often are. GOV.UK explains that executors inherit only if the will also names them as beneficiaries; being an executor neither gives nor removes a gift. The rule people confuse this with is about witnesses: a gift to a witness, or to the witness's husband, wife or civil partner, fails (Wills Act 1837, s.15). Read can an executor be a beneficiary?
Do you have to register a will for it to be valid?
No. A will is valid because of how it is made and signed, not where it is kept. The legal requirements are in section 9 of the Wills Act 1837: writing, signature and two witnesses. GOV.UK says you can keep your will at home or store it with a solicitor, a bank, a storage company or the Probate Service, and that you should tell your executor where it is. Storage and registration are optional services. Compare them in where to store a will.
Does a will have to be written by a solicitor?
No. You can write your own will, but advice is sensible if your affairs are not straightforward. GOV.UK says you can write your will yourself, and lists situations where professional advice helps: sharing a home with someone you are not married to, a dependant who cannot care for themselves, family who may make a claim, a home or property outside the UK, or a business. Read do I need a solicitor for a will?
Does divorce cancel a will?
No. Divorce does not revoke a will, but the former spouse is treated as if they had died on the date of the divorce. Under section 18A of the Wills Act 1837, gifts to the former spouse and their appointment as executor or trustee fail, unless the will says otherwise; everything else in the will still stands. The same applies when a civil partnership is dissolved (s.18C). Separation on its own changes nothing in the will. Read does divorce affect a will?
Does getting married leave an existing will in place?
No. Marriage or forming a civil partnership revokes an existing will in England and Wales. The exception is a will that shows it was made expecting marriage to, or a civil partnership with, a particular person (Wills Act 1837, s.18 and s.18B). GOV.UK warns that an existing will will usually become invalid on marriage, leaving the intestacy rules to apply unless you make a new one. Read does marriage revoke a will?
Is a handwritten will invalid?
No. A handwritten will can be valid, but only if it is signed and witnessed like any other will. Section 9 of the Wills Act 1837 requires a will to be in writing, which includes handwriting. It must also be signed in front of two witnesses present at the same time, who then sign. Being in your own handwriting does not remove the need for witnesses. Unclear wording is the bigger risk with a homemade will. Read can I write my own will?
Does a joint bank account pass under your will?
Usually not. Money held jointly normally passes straight to the surviving account holder. GOV.UK says that money owned with others automatically passes to the surviving owners unless they have agreed otherwise, and property owned as joint tenants cannot be passed on in a will. Check how each asset is held before relying on your will to leave it. Read what a will does not cover and bank accounts after a death.
Do stepchildren inherit automatically?
No. Without a will, stepchildren inherit nothing unless they were legally adopted. The intestacy rules provide for the person's own children (Administration of Estates Act 1925, s.47), and an adopted child is treated in law as the child of the adopter (Adoption and Children Act 2002, s.67). GOV.UK's probate guidance likewise counts legally adopted children but not stepchildren among the closest relatives. A stepchild treated as a child of the family can claim under the Inheritance Act 1975. To include stepchildren, name them in your will. Read can stepchildren inherit?
Do most estates pay inheritance tax?
No. HMRC says 4.72% of UK deaths in the 2023 to 2024 tax year resulted in an inheritance tax charge. That was 30,400 of 644,000 deaths. The Inheritance Tax liabilities statistics, published 30 July 2026, add that the tax has been payable on fewer than 1 in 20 estates since the 2007 to 2008 tax year. Tax is charged at 40% only on the part of an estate above the £325,000 threshold, and there is normally none on what you leave to a husband, wife, civil partner or charity. Larger estates and homes left to children can still be affected. Read inheritance tax explained; the figures are also on our will and probate statistics page.
What should you do if you believed one of these?
- Check whether your current will, or the lack of one, leaves your estate where you intend.
- Check how your home, bank accounts, pensions and life cover are held, because some pass outside a will.
- Make or update your will after marriage, divorce, a new child or a new partner.
- Get advice if your family situation is complex, someone may make a claim, or you own property abroad or a business.
The free will planner turns your answers into a preparation checklist, and how to make a will explains each step.
Sources
- Wills Act 1837: sections 9, 15, 18, 18A, 18B, 18C and 21
- Administration of Estates Act 1925: sections 46 and 47; Fixed Net Sum Order 2023
- Inheritance (Provision for Family and Dependants) Act 1975, section 1
- Adoption and Children Act 2002, section 67
- Non-Contentious Probate Rules 1987, rule 22
- GOV.UK: making a will, write your will, make sure your will is legal and update your will
- GOV.UK: legal rights and responsibilities of marriage and civil partnership and joint property ownership
- GOV.UK: applying for probate, if there is a will, if there is not a will and search probate records
- HMRC: Inheritance Tax liabilities statistics commentary (published 30 July 2026) and GOV.UK: Inheritance Tax
Sources checked 22 October 2026.