Myth Busting · England & Wales
12 Estate planning myths,
clinically refuted.
These misconceptions are expensive, widespread, and entirely fixable. Consider this your legal health inoculation programme.
Category 1
Myths about Wills
Under the Wills Act 1837 and the Administration of Estates Act 1925.
THE MYTH
THE CLINICAL TRUTH (ENGLAND & WALES)
“My spouse automatically gets everything.”
Under the intestacy rules, your spouse inherits the first £322,000 and personal possessions, plus half of the remainder. Your children inherit the other half — held in Trust until age 18, not 25.
“We’ve lived together for years — we’re common law married.”
There is no such thing as common law marriage in England & Wales. Cohabiting partners have zero automatic right to your estate under the intestacy rules, regardless of how long you’ve lived together.
“I got married — my old Will still stands.”
Under Section 18 of the Wills Act 1837, marriage in England & Wales automatically revokes any previous Will not made in contemplation of that marriage. You are effectively intestate the moment you say “I do.”
“I’m too young to need a Will.”
If you own property, have a partner, or have children, you needed a Will before this moment. The intestacy rules apply to everyone equally — regardless of age.
“An LPA is only for the elderly.”
Under the Mental Capacity Act 2005, an LPA can only be registered while you have full mental capacity. A stroke, accident, or sudden diagnosis removes that opportunity permanently. Age is irrelevant.
Category 2
Myths about unmarried partners
The most damaging and most common misconceptions in UK estate planning.
THE MYTH
THE CLINICAL TRUTH (ENGLAND & WALES)
“We’re common law married — we have the same rights as a married couple.”
Common law marriage does not exist in England and Wales. This was abolished centuries ago. Cohabiting partners — regardless of the length of the relationship — have zero automatic inheritance rights under the intestacy rules.
“We’ve lived together for five years, so we’re protected.”
Length of cohabitation is legally irrelevant to intestacy in England and Wales. Your partner’s only option is a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — which requires court proceedings and is not guaranteed to succeed.
“We have children together — that protects my partner.”
Having children together gives your children inheritance rights under intestacy — not your partner. Your partner still inherits nothing automatically. Your children could inherit everything your partner expected to receive.
Category 3
Myths about LPAs
Under the Mental Capacity Act 2005 and the Lasting Powers of Attorney,
Enduring Powers of Attorney and Public Guardian Regulations 2007.
THE MYTH
THE CLINICAL TRUTH (ENGLAND & WALES)
“An LPA is only for people with dementia.”
Under the Mental Capacity Act 2005, an LPA can only be created while you have full mental capacity. A stroke, brain injury, or sudden accident at any age can remove that capacity permanently. LPAs are for everyone who values their autonomy.
“My family will be able to sort things out without a formal document.”
Banks, hospitals, and financial institutions in the UK are legally prohibited from accepting instructions from anyone — including a spouse — without a registered LPA or court order. “Sorting it out” requires a Deputyship application to the Court of Protection: 12–18 months and £1,500–£3,000+.
“I can set up an LPA at any time — I’ll do it when I need it.”
You cannot. Under the Mental Capacity Act 2005, an LPA must be created and signed while you have mental capacity. Once capacity is lost — through stroke, dementia, or accident — it is permanently and legally too late. There is no exception.
“An LPA gives my attorney total control over my life immediately.”
A Property & Financial Affairs LPA can be restricted to use only upon loss of capacity if you choose. A Health & Welfare LPA can only ever be used when you have lost mental capacity. You retain full control until that point, and you can revoke the LPA at any time while you have capacity.
Still have questions? We’ve answered them all in our FAQ section.