Survey shows more people making a Will, but confusion remains

More people than ever are making a Will yet there is still widespread confusion among the public about the process and its importance, according to a new survey.

Kathryn Barnett Associate Solicitor in our Wills, Probate and Inheritance reports on this recent case.

For the first time since IRN Legal Reports began monitoring trends in Will-making, more than four in ten UK adults now have a Will — a notable milestone in public engagement with end-of-life planning.

The UK Wills & Probate Consumer Research Report 2025 reveals that 41% of UK adults have written a Will, up from 38% in 2024. This translates to roughly 22 million people. However, the research also found that large sections of the population — particularly those under 55 — have yet to take this step.

More than half (54%) of those without a Will said they simply haven’t “got round to it”.

The study also shows that attitudes toward what is included in Wills are evolving. There has been a modest rise in interest in digital assets, with 39% of adults now including or planning to include their digital legacy — such as online accounts, photos, and digital currencies — in their Wills, compared to 36% the previous year.

While more people are engaging with the process of making a Will, the survey highlights persistent misunderstandings about the legal framework governing Will writing. Alarmingly, 40% of respondents wrongly believe that all Will writing services are regulated. In reality, many providers operating outside the solicitor profession are unregulated, meaning they are not subject to the same professional standards or oversight.

Common misconceptions about Wills and probate

The report exposes several enduring myths and misunderstandings:

• All Will-writing services are regulated: A large number of people mistakenly believe that all providers are subject to regulation. In truth, only solicitors are regulated by bodies such as the Solicitors Regulation Authority. Many independent Will writers operate without oversight or formal qualifications.

• Wills are only for the elderly: Many younger adults still see Wills as something to consider later in life. In reality, anyone with assets, children, or digital legacies should consider making one.

• Probate is always quick and easy: While probate can be straightforward with a clear Will, delays are common — especially in complex estates or where paperwork is incomplete or contested.

• DIY Wills are just as good: Homemade Wills often lead to problems if not properly drafted, witnessed, or stored. Mistakes can invalidate the document or cause confusion, leading to costly legal disputes.

Why choosing a qualified solicitor matters

Given the confusion surrounding regulation and the increasing complexity of modern estates — including digital assets — legal experts are urging people to seek advice from a qualified solicitor when making a Will.

Unlike unregulated Will writers, solicitors are trained in estate law, carry professional indemnity insurance, and are accountable to a regulatory body. This provides peace of mind that the Will is legally sound and that, if something does go wrong, there is a clear route for redress.

Relying on an unregulated provider may seem cost-effective in the short term, but it carries risks. A poorly drafted or invalid Will can lead to family disputes, higher legal costs, and lengthy delays during probate.

If you would like more information about the issues raised in this article or any aspect of wills and probate please contact Kathryn Barnett on 01228 514077 or click here to send her an email.