Wills: Why You Need One and How They Work
A will is the only way to make sure your money, property and possessions go to the people you choose when you die. Without one, the law decides for you, and the result is often not what you'd have wanted, especially for unmarried partners, stepchildren, or anyone with a blended family. This guide explains what a will does, what happens if you don't have one, and how to make sure yours is legally valid.
- ✓A will is the only way to choose who inherits. Without one the intestacy rules decide, following a strict order based on marriage and blood relationship.
- ✓An unmarried partner inherits nothing under intestacy, however long you have lived together. There is no such thing as a common law spouse.
- ✓It also lets you name guardians for children under 18, appoint executors, and leave specific gifts to people or charities.
- ✓Marriage or a civil partnership automatically revokes an earlier will in England and Wales, unless it was made in contemplation of that marriage.
- ✓Review it after a marriage, a divorce, a birth or a death. A will that is out of date can be worse than none, because people rely on it.
The free assistant is offline for maintenance
We've taken the chat assistant offline while we work through a technical issue behind the scenes. It'll be back as soon as we're confident it's giving reliable answers again. Every guide on this site is still here and hasn't changed, use the menu above to find the one that covers your situation.
What a will does
A will lets you:
- Yes: Say exactly who inherits your money, property and belongings
- Yes: Appoint executors, the people who carry out your wishes
- Yes: Name guardians for any children under 18
- Yes: Leave specific gifts to people or charities
- Yes: Make your wishes about funeral arrangements known
- Yes: Reduce the risk of family disputes and, in some cases, reduce Inheritance Tax
Who should make a will?
A will matters for almost everyone, but it's especially important if you:
- Yes: Live with a partner but aren't married or in a civil partnership, they inherit nothing under intestacy
- Yes: Have children, especially under 18 (so you can name guardians)
- Yes: Own a home or have significant savings or investments
- Yes: Have a blended family, stepchildren don't automatically inherit under intestacy
- Yes: Want to leave something to friends or charity
- Yes: Run a business or own property abroad
Making your will legally valid
The rules differ slightly across the UK. In England and Wales, a will is valid if:
- Yes: You are 18 or over and of sound mind
- Yes: It is in writing
- Yes: You sign it in the presence of two witnesses (both 18 or over)
- Yes: Both witnesses then sign it in your presence
- Yes: Neither witness, nor their husband, wife or civil partner, is a beneficiary (a gift to them would be void)
In Scotland, you can make a will from age 12, and only one witness is needed. See how to make a will for the full step-by-step.
Keeping your will up to date
A will can become out of date or even be cancelled by life events. Review it after any major change:
- Yes: Marriage or civil partnership, in England & Wales this automatically revokes an earlier will (unless it was made in contemplation of that marriage)
- Yes: Divorce, your ex-spouse is usually treated as having died before you for the purposes of the will
- Yes: Having or adopting children
- Yes: Buying property or a significant change in your finances
- Yes: The death of an executor or beneficiary
The free assistant is offline for maintenance
We've taken the chat assistant offline while we work through a technical issue behind the scenes. It'll be back as soon as we're confident it's giving reliable answers again. Every guide on this site is still here and hasn't changed, use the menu above to find the one that covers your situation.
Frequently asked questions
What happens if I die without a will in the UK?
You die 'intestate' and the intestacy rules decide who inherits, following a strict order based on marriage and blood relationship. A married or civil partner and children are first in line; unmarried partners and stepchildren inherit nothing automatically. In England and Wales a surviving spouse takes the personal possessions, the first £322,000 and half of the rest, with the other half going to the children.
Do I need a solicitor to make a will?
No. You can write a will yourself or use an online will service, as long as it meets the legal requirements (in writing, signed, and properly witnessed). A solicitor is recommended for larger or more complex estates, for example blended families, business assets, property abroad, or where Inheritance Tax planning is needed, to reduce the risk of mistakes or disputes.
Does getting married cancel my will?
In England and Wales, yes, marriage or entering a civil partnership automatically revokes any earlier will, unless that will was specifically made in contemplation of the marriage. Divorce doesn't cancel the will but generally treats your former spouse as having died before you. Always review your will after a major life change.
How many witnesses does a will need?
In England and Wales a will must be signed in front of two independent witnesses, who then sign in your presence. Neither witness (nor their spouse or civil partner) can be a beneficiary. In Scotland only one witness is needed and you can make a will from age 12.
Related guides
Found this useful? Link to it
If you run a site, write an article, or help others with their rights, please link to this guide, it helps more people find free, reliable guidance.