Why Everyone Needs a Will (and What Happens If You Don’t Have One)

In the UK almost half of all adults have never made a will. It is easy to put off — nobody enjoys thinking about what happens after they have gone — but a will is one of the simplest and most caring things you can do for the people you leave behind. Without one, the law decides, not you.

What happens if you die without a will?

If you die without a valid will you are said to have died intestate, and your estate is shared out under fixed rules called the intestacy rules. They follow a set order of relatives and take no account of what you would have wanted. In England and Wales that can mean:

• An unmarried partner inherits nothing. It does not matter how long you have lived together. Only married couples and civil partners have automatic rights under the intestacy rules.
• A spouse may not receive everything. If you have children, your husband, wife or civil partner usually receives a fixed amount and a share of the rest, and the remainder passes to the children.
• Friends, step-children and charities receive nothing, however close you were to them.
• It can take longer and cost more. Without a will there is no executor you have chosen, so a family member has to apply for a “grant of letters of administration” before they can deal with your estate.
• You have no say over who looks after young children. A will is where you name guardians for children under 18.

Good to know: the rules in this article apply in England and Wales. Scotland and Northern Ireland have their own rules, so the answer can be different if you live there.

What a will lets you decide

A will is a legally binding document that sets out what should happen to your money, property, possessions and investments — together known as your estate. With a will you can:

• Choose exactly who inherits, and in what shares.
• Appoint executors you trust to carry out your wishes.
• Name guardians for children under 18.
• Leave gifts to friends, godchildren, charities or causes that matter to you.
• Protect a vulnerable beneficiary, for example by leaving their share in a trust.
• Plan ahead for inheritance tax so more of your estate reaches the people you intend.
• Record your funeral wishes as guidance for your family.

When should you review your will?

A will is not a one-off job. It should be looked at again after any big change, and as a rule of thumb every few years. In particular:

• Getting married or forming a civil partnership. In England and Wales marriage cancels an existing will unless it was written with that marriage in mind.
• Divorce or separation. After a divorce your former spouse is treated as if they had died when it comes to the gifts in your will, which can leave gaps you did not plan.
• Children or grandchildren being born.
• Buying or selling a home, or a big change in your savings.
• The death of an executor or beneficiary, or a falling-out with someone named in it.

Making a will that is valid

To be valid, a will must be in writing and made by someone aged 18 or over who has the mental capacity to understand what they are doing. It must be signed by you in front of two independent witnesses, who then sign it too. Your witnesses must be over 18 and should not be beneficiaries, or married to a beneficiary — if they are, the gift to them can be lost.

That is why home-made wills so often go wrong. A will that is badly worded, wrongly witnessed or that forgets to say what happens to the “rest of the estate” can cause exactly the confusion and conflict it was meant to prevent. Our advisers write wills that cover all eventualities and listen first, so the document reflects your family rather than a template.

Where to start

Before you speak to anyone, jot down a few things: who you would like to inherit, who could act as your executors, whether you have children under 18, and roughly what you own. That is all we need for a first conversation.

Ready to talk it through? Book a free initial consultation. We offer evening and weekend appointments, and we speak English, Punjabi, Hindi and Urdu. Pricing is explained and agreed after your consultation, so there are no surprises.

This article is general information for readers in England and Wales. It is not legal, tax or financial advice, and the rules can change — please talk to an adviser about your own circumstances.