Do You Really Need a Will?

Last reviewed: 8th June 2026.

Key Points

● If you die without a will, the intestacy rules under the Administration of Estates Act 1925 distribute your estate according to a fixed statutory formula, which may not reflect your wishes or your family's needs.

● A surviving spouse or civil partner only takes your entire estate automatically if there are no surviving children; where children exist, they share the estate with the spouse, with the spouse taking a statutory legacy of £322,000 (for deaths on or after 26 July 2023) before the remainder is divided.

● An unmarried partner has no automatic right to inherit under the intestacy rules, regardless of how long you have lived together, making a will the only reliable way to provide for them.

● A valid will under section 9 of the Wills Act 1837 must be in writing, signed by the person making it, and witnessed by two people present at the same time; professional help is strongly advisable to ensure the formalities are met.

● Alongside a will, a Lasting Power of Attorney under the Mental Capacity Act 2005 allows you to appoint someone to manage your affairs if you lose mental capacity during your lifetime, which a will cannot do.

When it comes to a Will, yes, you need one. Roughly 60% of adults in England and Wales do not have a valid will, leaving their estates to be distributed according to statutory rules that are unlikely to match their actual intentions. The intestacy rules do not recognise unmarried partners, do not automatically protect step-children, and leave no room for your personal wishes on guardianship, funeral arrangements, or charitable gifts. Those who die without a valid will, described legally as dying intestate, hand decisions about their estate to a formula set by Parliament rather than to themselves.

Making a will is straightforward when done properly. A professionally drafted will records who receives what, appoints executors you trust, nominates guardians for minor children, and reduces the risk of disputes among family members after you are gone. The cost is modest compared with the practical and emotional consequences of failing to act.

What Happens If You Die Without a Will

When someone dies intestate, section 46 of the Administration of Estates Act 1925 sets out exactly how their estate is distributed. The order of priority is clear, but it can produce results that surprise families.

Where the deceased leaves a surviving spouse or civil partner and children, the spouse takes all personal chattels absolutely and receives a statutory legacy of £322,000 from the residuary estate (raised from £270,000 by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023, which came into force on 26 July 2023 for deaths on or after that date). If the estate exceeds £322,000, the surplus is divided equally: one half to the spouse and one half shared between the children. Where the estate does not exceed £322,000, the spouse takes everything.

If the deceased leaves no children, the surviving spouse or civil partner inherits the whole estate. Beyond spouses and civil partners, the order runs to children and their descendants, then parents, then full siblings, and so on through an increasingly distant hierarchy of relatives. If no relative within the statutory categories survives, the estate passes to the Crown as bona vacantia.

Here is a common example I see in my practice. A Solihull homeowner dies intestate, leaving a net estate worth £600,000, a spouse, and two adult children. The spouse receives £322,000 outright as the statutory legacy, then takes half of the remaining £278,000 (£139,000), with the other half (£139,000) split equally between the children. If my client had intended their spouse to take everything, that intention has no legal effect without a will. A properly drafted will would have avoided any such unintended distribution.

Unmarried partners receive nothing under the intestacy rules, regardless of how long the couple lived together or whether they owned a home jointly. Step-children who have not been legally adopted by the deceased similarly receive nothing. For families that do not fit the traditional married-with-biological-children structure, the intestacy rules can be deeply unsuitable.

Why Having a Valid Will Matters

A will allows you to name the people you want to benefit from your estate, in the proportions you choose. It also lets you appoint executors, who are responsible for administering your estate and carrying out your wishes. Choosing executors carefully and telling them where to find your will significantly reduces the administrative burden on your family at an already difficult time.

Where you have minor children, the appointment of a guardian is one of the most compelling reasons to make a will. Without a guardian named in a valid will, the courts decide who will care for your children if both parents are gone. That decision may not align with your own views on who is best placed to bring up your children. By naming a guardian in your will and discussing it with that person in advance, you retain control over something of profound importance.

Inheritance tax (IHT) is also a reason to take estate planning seriously. The nil-rate band has been frozen at £325,000 since 2009. It will remain at that level until at least 5 April 2031, under the provisions of the Finance Act 2021, as amended by subsequent Finance Acts. An additional residence nil-rate band of up to £175,000 applies when a qualifying residential property passes to direct descendants on death. However, it tapers away for estates worth more than £2 million. A married couple can potentially pass on up to £1 million free of IHT if both allowances are available and unused allowances are transferred on the first death. A will structured with tax planning in mind, possibly alongside advice on trusts and estate planning, can help preserve more of your estate for your chosen beneficiaries.

A will can also record your wishes on funeral arrangements, specific gifts of personal possessions, gifts to charity, and the care of pets. These wishes carry no binding legal force on their own, but placing them in a professionally drafted will or alongside it gives your executors clear written guidance.

Validity, Storage and the Limits of a Will

For a will to be valid under section 9 of the Wills Act 1837, it must be in writing, signed by the person making it (or by someone else in their presence and at their direction), and witnessed by two people who are both present at the same time when the signature is made or acknowledged. Each witness must then sign the will in the testator's presence. Witnesses (and their spouses or civil partners) should not be beneficiaries under the will, as this may render the gift to them invalid.

You must be at least 18 to make a will. There is a narrow exception under section 11 of the Wills Act 1837 (as extended by the Wills (Soldiers and Sailors) Act 1918) for members of the armed forces on actual military service and mariners or seamen at sea, who may make a privileged will without the usual formalities and at any age. For everyone else, the section 9 requirements are strict.

Where you store the original will matter as much as getting it signed correctly. A will kept in a drawer at home can be lost, damaged, or destroyed by someone unhappy with its contents. Your solicitor can store the original will securely on your behalf. You should also inform your executors where the will is held.

A will does not operate during your lifetime. If you are involved in an accident or develop a condition that affects your mental capacity before you die, a will provides no authority for anyone to manage your finances or make healthcare decisions for you. That requires a separate Lasting Power of Attorney under the Mental Capacity Act 2005. There are two types: one for property and financial affairs, and one for health and welfare. Both must be registered with the Office of the Public Guardian before they can be used, so making them while you have full mental capacity is essential.

A will can also be challenged. The Inheritance (Provision for Family and Dependants) Act 1975 gives certain categories of persons the right to apply to the court: spouses, civil partners, former spouses, cohabitees of at least two years, children, and those financially maintained by the deceased can each seek reasonable financial provision if the will (or the intestacy) fails to make adequate provision for them. A professionally drafted will, reflecting your genuine wishes and made with testamentary capacity and no undue influence, significantly reduces the prospects of a successful challenge. For those concerned about the risk of a dispute, contesting a will is a distinct area of law that your solicitor can advise on separately.

You should review your will after any major life change: marriage (which revokes a will under section 18 of the Wills Act 1837), divorce, the birth of children or grandchildren, a significant change in your assets, or the death of a named executor or beneficiary. A will that was accurate five years ago may no longer reflect your circumstances or wishes today.

If you do not yet have a will, or your existing will needs reviewing, speaking to a specialist solicitor is the right next step. Pearcelegal's Private Client team can advise on making or amending a will, as well as the wider estate planning steps that protect your family.

Frequently Asked Questions

What happens to my estate if I have no will and no family?

If you die intestate and no relatives within the categories listed in section 46 of the Administration of Estates Act 1925 survive you, your entire estate passes to the Crown, the Duchy of Lancaster, or the Duchy of Cornwall as bona vacantia. The Crown has a discretion to make payments to dependants or others for whom the deceased might reasonably have been expected to provide, but this is not guaranteed and is no substitute for a will.

Does getting married cancel my existing will?

Yes, marriage automatically revokes a will under section 18 of the Wills Act 1837 unless the will was expressly made in contemplation of that marriage. If you marry after making a will without including a contemplation clause, your existing will is invalid, and your estate will be distributed under the intestacy rules if you die without making a new one.

Can I write my own will without a solicitor?

You can attempt to write your own will, and it will be legally valid if it satisfies the requirements of section 9 of the Wills Act 1837. DIY wills frequently fail because of errors in execution (for example, witnesses signing without the testator present), ambiguous wording, or provisions that cannot be given effect without a trust. The cost of professional drafting is generally far lower than the cost of resolving the problems that a defective will creates.

Can my unmarried partner inherit from me automatically?

No, an unmarried partner has no automatic right to inherit under the intestacy rules, regardless of the length of the relationship or any shared assets. They may be able to apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 if they lived with you for at least two years immediately before your death.

When should I update my will?

You should review your will after any significant life event: marriage or civil partnership (which revokes a will), divorce or dissolution, the birth of a child or grandchild, a substantial change in your estate, or the death of an executor or main beneficiary. A good practice is to review the document every three to five years, at a minimum, to ensure it still reflects your wishes and remains tax-efficient in light of any changes to the IHT rules.

About the Author

Jodie Hall is a Solicitor in Pearcelegal's Private Client team, advising on wills, lasting powers of attorney, probate, estate administration and trusts. She qualified in 2023 at a firm in London before joining Pearcelegal later that year. Jodie is regulated by the Solicitors Regulation Authority (SRA ID 666606).

Last reviewed: 8 June 2026.