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Written by: Curt Thomas, Ives & Co Solicitors
You are not legally required to make a Will in England and Wales, but having a valid Will is one of the most important steps you can take to protect your wishes and provide certainty for your loved ones.
A Will allows you to decide who should inherit your estate, who should deal with your affairs after your death and, where appropriate, who you would like to care for your children.
If you die without a valid Will, your estate will usually be distributed according to the intestacy rules rather than your personal wishes. This may mean that some people you intended to benefit receive nothing.
Whether you own a property, have children, are married, live with a partner or simply want to make your wishes clear, it is sensible to consider making a Will.
Table of Contents
- Do I need a Will? At a glance
- What is a Will?
- What happens if you die without a Will?
- Who should consider making a Will?
- Do you need a Will if you are married?
- Do unmarried couples need Wills?
- Why is a Will important if you have children?
- What happens to your property when you die?
- What can you include in a Will?
- Can you write your own Will?
- When should you update your Will?
- How much does it cost to make a Will?
- Frequently asked questions
- Speak to a Solicitor
Do I Need a Will? At a Glance
Although making a Will is not compulsory, it can help ensure that your wishes are followed after your death.
A properly prepared Will can allow you to:
- Decide who should inherit your money, property and possessions
- Appoint executors to administer your estate
- Appoint guardians for children under 18
- Make provision for a spouse, civil partner, unmarried partner or other loved ones
- Leave gifts to friends, relatives or charities
- Set out certain funeral wishes
- Consider appropriate arrangements for inheritance tax and estate planning
Without a valid Will, the law determines who inherits your estate, subject to the applicable rules and any successful legal claims.
What Is a Will?
A Will is a legal document setting out what you want to happen to your estate when you die.
Your estate may include your property, savings, investments, personal possessions and other assets, although some assets may pass outside your Will.
A Will also allows you to appoint executors. These are the people responsible for dealing with your estate, including collecting assets, paying debts and distributing the remaining estate to those entitled to receive it.
The people or organisations you choose to receive assets under your Will are known as beneficiaries.
For a Will to be valid in England and Wales, certain legal requirements must be met. These include requirements concerning your age, mental capacity, intention, signature and witnesses.
Having a Will professionally prepared can help ensure that your instructions are recorded clearly and the necessary formalities are followed.
What Happens If You Die Without a Will?
Dying without a valid Will is known as dying intestate.
When this happens, your estate is generally distributed according to the intestacy rules in England and Wales.
These rules establish which relatives are entitled to inherit and in what order.
For example:
- A surviving spouse or civil partner may inherit some or all of the estate, depending on the circumstances.
- Children may be entitled to a share where the deceased leaves a spouse or civil partner and children, or where there is no surviving spouse or civil partner.
- If there is no spouse, civil partner or children, other relatives may inherit according to the statutory order.
Importantly, an unmarried partner does not automatically inherit under the intestacy rules, regardless of how long you have lived together.
The intestacy rules also do not allow you to leave specific gifts to friends, charities or other people who fall outside the statutory order.
Although certain people may be able to bring a claim against an estate, relying on that possibility can create uncertainty, expense and distress.
Making a Will gives you greater control over how your estate should be distributed.
Who Should Consider Making a Will?
Making a Will is worth considering for most adults, but it is particularly important if you:
- Own a house or other property
- Have children or other dependants
- Are married or in a civil partnership
- Live with a partner but are not married
- Have children from a previous relationship
- Want to leave assets to particular people or charities
- Own a business
- Have savings, investments or other valuable assets
- Want to appoint someone you trust to administer your estate
You do not need to be wealthy to benefit from having a Will.
Even a relatively straightforward estate can involve important decisions about who should inherit and who should take responsibility for dealing with your affairs.
Do You Need a Will If You Are Married?
Marriage does not remove the need to consider making a Will.
A common misconception is that a surviving spouse automatically inherits everything.
Under the intestacy rules, this is not always the case, particularly where the deceased leaves children.
The surviving spouse or civil partner may inherit certain assets and a statutory share of the estate, with the remainder passing to the children. The precise outcome depends on the circumstances and the value of the estate.
A Will allows you to make arrangements that better reflect your wishes and family circumstances.
It is also important to remember that marriage or civil partnership generally revokes an existing Will, unless the Will was made in contemplation of that particular marriage or civil partnership and meets the relevant requirements.
If you are planning to marry or have recently married, you should review your Will.
Do Unmarried Couples Need Wills?
For unmarried couples, making a Will can be especially important.
In England and Wales, there is no general legal status of “common-law spouse” that gives an unmarried partner the same inheritance rights as a husband, wife or civil partner.
This means that if you die without a valid Will, your unmarried partner will not automatically inherit under the intestacy rules.
This can cause particular difficulties where one partner owns the home in their sole name.
Even if you own a property together, the outcome will depend partly on how the property is legally owned.
If you want your partner to inherit your estate, or a particular share of it, it is important to take appropriate legal advice and make arrangements that reflect your intentions.
Why Is a Will Important If You Have Children?
If you have children, a Will can help you plan for their future.
One important consideration is appointing a testamentary guardian for children under 18.
A testamentary guardian is someone you nominate to take on parental responsibility in the circumstances where the appointment takes effect.
The appointment does not necessarily override the rights of another person who already has parental responsibility, so legal advice is important.
A Will can also help you decide how assets intended for children should be managed.
For example, you may wish to establish arrangements under which money is held and managed by trustees until your children reach a specified age.
If you have children from different relationships, a carefully drafted Will can be particularly valuable in ensuring that your intentions are clear.
What Happens to Your Property When You Die?
If you own a home, it is important to understand how your ownership arrangements may affect what happens after your death.
In England and Wales, jointly owned property is commonly held in one of two ways.
Joint Tenants
If you own a property as joint tenants, the deceased owner’s interest normally passes automatically to the surviving joint owner or owners.
This happens through the right of survivorship, rather than under the deceased person’s Will.
Tenants in Common
If you own a property as tenants in common, you each own a distinct share.
Your share does not automatically pass to the other owner when you die. Instead, it forms part of your estate and can pass according to your Will or, if you have no valid Will, the intestacy rules.
Understanding how you own your property is therefore an important part of estate planning.
If you are unsure whether you own your home as joint tenants or tenants in common, your solicitor can help you establish the position.
What Can You Include in a Will?
A Will can deal with a range of important matters, including:
Who inherits your estate: You can name the people or organisations you want to benefit and specify particular gifts or shares of your estate.
Your executors: You can appoint trusted individuals or suitable professionals to administer your estate.
Guardians for children: You can nominate guardians for children under 18, subject to the legal rules governing when those appointments take effect.
Trust arrangements: You may be able to establish arrangements for managing assets for children or other beneficiaries.
Funeral wishes: You can record preferences concerning your funeral, although these wishes are not generally legally binding.
Your Will should be drafted to reflect your particular circumstances.
It is also important to understand that not every asset necessarily passes under a Will. For example, jointly owned assets and certain pension or insurance benefits may pass under separate arrangements.
Can You Write Your Own Will?
It is possible to make your own Will without using a solicitor.
However, a Will must satisfy the relevant legal requirements to be valid.
In England and Wales, the person making the Will must generally be at least 18, have the necessary mental capacity, and make the Will voluntarily with the intention that it should take effect as a Will.
The Will must also be signed and witnessed correctly.
Errors can cause significant problems after death, particularly if the wording is unclear, beneficiaries are not properly identified or the signing requirements have not been followed.
A professionally drafted Will can be particularly important where you have:
- A blended family
- An unmarried partner
- Property held in different ownership arrangements
- Business interests
- Complex financial circumstances
- Beneficiaries who may need additional protection
Using a solicitor can help reduce the risk of uncertainty or disputes arising later.
When Should You Update Your Will?
Making a Will is not necessarily a one-off task.
You should review it periodically and whenever your personal or financial circumstances change significantly.
Important events may include:
- Marriage or entering a civil partnership
- Separation or divorce
- The birth or adoption of a child
- The death of a beneficiary or executor
- Purchasing or selling a property
- A significant change in your finances
- Changes in your relationships or wishes
Marriage or civil partnership can revoke a Will, subject to certain exceptions. Divorce or dissolution does not automatically revoke the entire Will, but can affect provisions relating to a former spouse or civil partner.
If your circumstances change, it is sensible to seek advice rather than assuming your existing Will will continue to operate as intended.
How Much Does It Cost to Make a Will?
The cost of preparing a Will depends on your circumstances and the complexity of the arrangements you wish to make.
A straightforward Will may cost less than one involving trusts, business interests or more complicated family arrangements.
When requesting a quotation, explain your circumstances and what you would like your Will to achieve.
The cost of obtaining professional advice should also be considered alongside the potential difficulties that can arise if a Will is invalid, unclear or does not reflect your wishes.
Frequently Asked Questions
Do I legally need a Will in England and Wales?
No. You are not legally required to make a Will in England and Wales. However, without a valid Will, your estate will generally be distributed according to the intestacy rules rather than your personal wishes.
What happens if I die without a Will?
If you die without a valid Will, your estate is usually distributed according to the intestacy rules. These determine which relatives inherit and may not reflect the arrangements you would have chosen.
Does my spouse automatically inherit everything?
Not always. If you die without a Will, the amount your spouse or civil partner inherits depends on your family circumstances and the estate. Where you have children, the estate may be divided under the intestacy rules.
Will my unmarried partner inherit if I die?
An unmarried partner does not automatically inherit under the intestacy rules in England and Wales. Some assets may pass through joint ownership or other arrangements, but making a Will is important if you want to provide for your partner.
Do I need a Will if I only own a house?
A Will is worth considering if you own a house. Whether your interest in the property passes under your Will depends on how it is owned, particularly if you own it jointly with another person.
Do I need a Will if I have children?
A Will is particularly important if you have children because it allows you to consider guardianship arrangements and how assets intended for them should be managed and distributed.
Can I leave everything to one person?
You can generally choose your beneficiaries, but your freedom to distribute your estate is subject to certain legal rules and potential claims. A solicitor can advise if you are concerned about excluding someone who may have a claim against your estate.
Is a handwritten Will legally valid?
A handwritten Will can be valid in England and Wales if it satisfies the legal requirements. However, handwriting a Will does not remove the need for proper signing, witnessing and clear wording.
Does getting married cancel my Will?
Marriage or civil partnership generally revokes an existing Will unless a relevant exception applies, such as a Will made in contemplation of that particular marriage or civil partnership.
How often should I review my Will?
It is sensible to review your Will every few years and following significant life events, including marriage, divorce, having children, purchasing property or changes in your financial circumstances.
Speak to a Solicitor
Making a Will is an important way to plan for the future, protect your wishes and provide greater certainty for the people you care about.
Whether you are making your first Will, reviewing an existing Will or need advice about your family or property arrangements, our team can help you understand your options.
If you would like advice about making or updating a Will in England or Wales, please contact one of our offices or email quotes@ivesandco.com so that we can provide you with a quotation, or call us to discuss how we can assist.
Our team will be happy to guide you through the next steps.
