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For many people, making a Will is something that is quietly postponed. It is often seen as a task for later life, something to address once retirement approaches or when financial affairs feel settled.
However, recent findings from the Association of Lifetime Lawyers suggest that delaying estate planning during midlife could create significant problems for families in the future. According to the organisation, only around a quarter of people in their 40s and 50s currently have an up-to-date Will that reflects their wishes and circumstances. As financial and family lives become more complex during this stage of life, lawyers warn that failing to put clear arrangements in place can increase the risk of disputes and unintended outcomes when an estate is eventually administered.
While it can be easy to assume that estate planning is something to address later, the reality is that the years between forty and sixty are often when people’s financial and family lives become most complicated.
The realities of midlife
By the time people reach their 40s and 50s, their circumstances are often very different from those of early adulthood.
Many have purchased property, built pension savings, or accumulated investments over time. Others may have established businesses or hold shares in family companies. At the same time, family structures frequently evolve. Children grow older, relationships change, and many households become blended through remarriage or long-term partnerships.
It is also increasingly common for individuals to find themselves supporting more than one generation. Adult children may still require financial assistance, while ageing parents may begin to need care or practical support.
These developments often mean that a person’s estate must reflect several different responsibilities and expectations. Without a Will that clearly records a person’s wishes, the legal outcome after death may be very different from what they intended.
What happens if there is no Will
When someone dies without a valid Will, their estate is distributed according to the rules of intestacy. These rules set out a legal order of inheritance that determines who receives a person’s assets.
In England and Wales, the surviving spouse or civil partner is usually the first to inherit. If the deceased leaves no children, the spouse or civil partner will normally inherit the entire estate.
Where there are children, however, the position is more complicated. The surviving spouse or civil partner receives the deceased’s personal possessions and the first £322,000 of the estate. The remaining balance is then divided between the spouse or civil partner and the children.
This arrangement can sometimes produce outcomes that families do not expect. In many households, a significant portion of wealth is tied up in the family home. If the value of the estate exceeds the £322,000 threshold, children may inherit part of the estate while the surviving partner is still relying on those assets for financial security or housing.
The intestacy rules are designed to provide a clear legal framework, but they cannot take into account the individual dynamics of every family. Many people would prefer the surviving partner to have greater control or security during their lifetime, with assets passing to children at a later stage. A Will allows these arrangements to be structured in a way that better reflects the family’s wishes.
The rules can also create unexpected consequences in modern family structures. Unmarried partners do not automatically inherit under the intestacy rules, regardless of how long they have lived together. Stepchildren are not recognised as beneficiaries unless they have been formally adopted. In some situations this can mean that individuals who were financially or emotionally central to the deceased’s life receive nothing from the estate.
When an older Will no longer reflects your life
Even where a Will exists, many people assume that once the document has been signed the matter is settled. In reality, the years between forty and sixty are often when a Will is most likely to fall out of step with a person’s life.
Relationships may have changed significantly since the Will was prepared. A marriage may have ended, a new partnership may have begun, or a family may have become blended with children from different relationships. In some cases, individuals may still have a Will drafted decades earlier that makes no provision for a current partner or stepchildren who are now central to their family life.
Financial circumstances often change just as dramatically. A person who made a Will early in their career may now own property, hold investments, or have built significant pension savings. Business interests may also have developed over time. If these assets were not anticipated when the Will was prepared, the document may not distribute the estate in a way that feels fair or appropriate today.
Sometimes the difficulty is not that the Will is invalid, but that it simply no longer reflects the person’s intentions. A Will drafted many years earlier may divide assets in equal shares between children, for example, without recognising that one child has particular needs or vulnerabilities, or that family circumstances have evolved in ways that the document never anticipated.
Regularly reviewing a Will allows these changes to be considered carefully. It provides an opportunity to ensure that the document still reflects the individual’s priorities, their family relationships and the financial reality of their estate.
The complications created by modern assets
Another factor that often emerges during midlife is the increasing complexity of a person’s assets.
A Will only governs the distribution of assets that form part of the estate at death. However, many significant assets pass outside the terms of a Will entirely.
Property that is owned jointly may pass automatically to the surviving owner. Pension benefits are usually distributed according to nomination forms held by the pension provider rather than the terms of a Will. Life insurance policies written in trust may also fall outside the estate.
These arrangements can be extremely useful when they are structured deliberately as part of an overall estate plan. However, if they have not been considered alongside the Will, they can sometimes lead to unintended consequences.
For example, a person may believe they have arranged their affairs so that certain assets pass to particular family members, only to discover that the legal ownership structure or a forgotten nomination form produces a different result. Reviewing a Will often provides an opportunity to step back and ensure that these various arrangements work together rather than in isolation.
A moment to review and plan ahead
For many people, midlife represents a turning point. Financial stability may have improved, family responsibilities may have evolved, and there may be a greater awareness of the need to plan for the future.
Taking time to review or prepare a Will during this period can bring clarity to how assets should be managed and passed on. It allows individuals to think carefully about how best to protect a surviving partner, provide for children, and ensure that their estate is structured in a way that reflects the realities of their family life.
The findings highlighted by the Association of Lifetime Lawyers suggest that many people delay this process longer than they intend. Yet the stage of life when responsibilities are greatest may also be the point at which clear planning matters most.
Ensuring that a Will reflects current circumstances is ultimately about providing certainty for those left behind. By reviewing arrangements at a time when life is already changing, individuals can reduce the risk of confusion or conflict and ensure that conflict and provide greater security for the people who matter most.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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