The £500,000 Mistake Families Make When They Assume Their Home Will Automatically Go to Their Children

You may have spent 20, 30 or 40 years building up your home and savings for your family. But if something happens to you, could the person you expect to inherit actually end up with nothing?

It is one of the most common assumptions people make:

When I die, my house will go to my children.

But that is not necessarily what happens.

And for families with second marriages, unmarried partners, stepchildren, children from previous relationships, significant property or complicated finances, the consequences of getting it wrong can be extremely serious.

A family home worth £500,000, £1 million or considerably more can become the centre of a major dispute.

But I have a will…

Having a will is extremely important.

But simply having a will does not always mean that everything will happen exactly as you expect.

Your circumstances matter.

For example:

• Are you married or living with a partner?
• Have you previously been married?
• Do you have children from an earlier relationship?
• Do you have stepchildren?
• Who owns your home?
• Is the property owned jointly?
• Is it owned as joint tenants or tenants in common?
• Do you have a mortgage?
• Have you made substantial gifts during your lifetime?
• Could someone potentially make a claim against your estate?
• Have your circumstances changed since your will was written?

These questions can make a significant difference.

Second marriages can make inheritance particularly complicated

Imagine a man owns a house worth £750,000.

He has two adult children from his first marriage.

He later meets and marries another woman.

He wants his wife to be financially secure if he dies, but he also wants his children ultimately to inherit his wealth.

That sounds straightforward.

It isn’t necessarily.

If everything is simply left to the surviving spouse, the surviving spouse may subsequently change their will.

The children may then discover that the inheritance they thought was theirs has become considerably less certain.

There can also be issues involving the ownership of the property, the surviving spouse’s rights, other assets and potential claims against the estate.

This is why blended families should not simply copy a standard will from the internet or assume that a basic everything to my spouse, then to my children arrangement will solve everything.

What happens if you live with your partner but aren’t married?

This is another area where people can be dangerously mistaken.

Many couples believe:

We’ve been together for 20 years, so my partner automatically gets everything.

There is no general legal status of common-law husband or common-law wife that gives an unmarried partner the same inheritance rights as a spouse.

The law can therefore produce very different outcomes depending on the ownership of assets, the existence and wording of a will, and the particular circumstances of the family.

The Government is currently considering reforms to improve protections for cohabiting couples, highlighting just how important this issue has become.

Your house could be the biggest problem

Property ownership is often overlooked when people make their wills.

For example, a couple may own a property together but not realise that how they own it can affect what happens when one of them dies.

There can be a major difference between:

Joint ownership

and

ownership as tenants in common.

The right structure can sometimes allow people to protect both their partner and their children.

The wrong structure can create unintended consequences.

That is why a will should not be considered in isolation from the ownership of your property and your wider financial circumstances.

Probate can become a family battleground

Unfortunately, families do not always agree after someone dies.

Disputes can arise over:

• whether a will is valid;
• whether someone had mental capacity when making a will;
• whether someone was pressured into changing their will;
• whether a family member has been unfairly excluded;
• whether promises were made about an inheritance;
• how an estate is being administered;
• the value of property or other assets;
• who should inherit;
• or whether someone has a legitimate claim against the estate.

The latest Legal Ombudsman/SRA material highlights the scale of difficulties arising in estate administration. The SRA reported that there were around 11,000 attempts to block probate in the previous year, with wills and probate complaints to the Legal Ombudsman rising by 28% in 2024/25.

So this isn’t simply a theoretical problem.

The biggest mistake is waiting until there is a dispute

By the time a family dispute has started, it can be much harder and considerably more expensive to resolve.

Good estate planning is about asking the difficult questions before they become somebody else’s problem.

For example:

• What happens to my home if I die first?
• Will my children definitely inherit?
• What happens if my partner remarries?
• What happens if one of my children challenges my will?
• Who would control my estate?
• What happens if I lose mental capacity?

These are not pleasant questions.

But they are important ones.

A will is not just about death

A proper estate-planning discussion should also consider what happens if you are alive but unable to manage your own affairs.

Lasting Powers of Attorney can be an important part of planning for the future, allowing you to decide who should make certain decisions on your behalf if you are unable to do so yourself.

It is often far easier to make these arrangements while you are well and able to make your own decisions than to leave your family trying to work out what to do after a crisis.

So, what should you do?

If your circumstances have changed, it may be time to review your arrangements.

In particular, consider taking legal advice if:

• you have married or divorced since making your will;
• you have started living with a new partner;
• you have children from different relationships;
• you have stepchildren;
• you have bought or sold a property;
• your property has increased substantially in value;
• your financial circumstances have changed;
• someone in your family has died;
• you have made significant gifts;
• you are concerned about inheritance tax;
• or you simply cannot explain clearly what would happen to your estate if you died tomorrow.

Don’t leave your family to work it out after you’re gone.

A properly prepared will and carefully considered estate plan can help reduce uncertainty, protect your wishes and potentially prevent an expensive family dispute.

If you are unsure whether your current will, property ownership or estate-planning arrangements properly protect your family, speak to a solicitor before a problem arises.

Caversham Solicitors can advise on wills, lasting powers of attorney, probate, estate administration, inheritance disputes and related family and property matters.

Contact us to arrange an initial discussion about your circumstances.