Do I Actually Need A Will?
It's one of the most common questions we hear — and the honest answer is: probably yes. Here's how to know for certain.
Most people know they should have a will. Most people also don't have one. In the UK, fewer than half of adults have made a will, and the most common reason given is some version of "I'll get round to it eventually."
The problem is that eventually sometimes never comes. And the people who pay the price are the ones left behind.
So rather than a lecture about why wills matter in general, here are the specific situations where not having one could cause real harm.
1. You're not married to your partner
This is the single biggest reason people need a will — and the one that catches the most families off guard.
There is no such thing as a common law spouse in England or Scotland. It doesn't matter how long you've been together, whether you have children together, or whether you own a home together. If you're not married or in a civil partnership and you die without a will, your partner has no automatic right to inherit anything from your estate.
Your assets could pass instead to parents, siblings, or other relatives you barely see — while the person you've shared your life with receives nothing.
If you're in a long-term relationship but not married, a will is not optional. It's essential.
2. You have children
If you have children under 18, a will lets you name a guardian — the person who would care for them if both parents died. Without a will, that decision falls to the courts, which may or may not choose the person you would have wanted.
A will also lets you control how your children inherit. Under the intestacy rules, children receive their share outright at 18 — which may not be the age at which you'd want them to have access to a significant sum. A will with a trust can set a later age, or give trustees discretion about how and when funds are released.
If you have children, these decisions are too important to leave to default.
3. You have stepchildren
The intestacy rules do not recognise stepchildren. Unless you have legally adopted them, they have no automatic right to inherit anything from your estate, however long they have been part of your family.
If you want to provide for a stepchild — whether that's a share of your estate, a specific item, or simply being remembered — you need a will.
4. You own property
Property is usually the largest asset in an estate, and what happens to it without a will depends on a combination of the intestacy rules and how the property is legally owned.
If you own property with someone else, the way it is held — joint tenants or tenants in common in England; joint owners or common owners in Scotland — affects whether it passes automatically to the survivor or forms part of your estate to be distributed under the intestacy rules.
Many people assume their home will automatically pass to whoever they'd want. That assumption is often wrong, and the consequences of getting it wrong are significant.
A will, combined with a review of how your property is held, ensures things work the way you intend.
5. You're separated but not yet divorced
Divorce revokes a will in England (though not automatically in Scotland). Separation does not.
This means that if you separated from your spouse years ago but never finalised the divorce, and you die without updating your will — or without a will at all — your estranged spouse may still have rights to your estate.
Under the English intestacy rules, a spouse (including an estranged one) inherits first. Your new partner, your children from a subsequent relationship, and anyone else you'd actually want to benefit may receive far less — or nothing.
If your relationship status has changed, your will needs to reflect that.
6. You run a business
If you own a business or have a shareholding in one, what happens to it when you die can have significant consequences — not just for your family, but for your business partners, employees, and clients.
A will lets you address this directly: who takes over your shares, who has authority to make decisions in the interim, and how the business interest is valued and dealt with as part of your estate.
Without a will, your business interest falls into your estate and is distributed under the intestacy rules, which were not designed with business succession in mind. The results can be disruptive, expensive, and in some cases terminal for the business itself.
7. You want to leave something to charity
The intestacy rules distribute your estate among relatives. They make no provision for charitable giving, however important that may be to you.
If there's a cause you care about — a charity, a community organisation, a school — the only way to include it is through a will.
There's also a tax incentive worth knowing about: leaving 10% or more of your net estate to charity reduces the rate of inheritance tax on the rest from 40% to 36%. For larger estates, this can make a meaningful difference.
8. You want to reduce inheritance tax
Speaking of which — a will is one of the primary tools for legitimate inheritance tax planning. Structured gifts, trusts, spousal exemptions, and charitable legacies can all be used to reduce the tax burden on your estate, but most of these require a properly drafted will to be effective.
Without a will, your estate is distributed according to a formula that takes no account of your tax position. Some of the most valuable planning opportunities are simply unavailable to you.
9. You have strong views about who should not inherit
The intestacy rules don't just decide who gets your estate — they may hand it to people you'd actively choose to exclude. An estranged family member, a relative you've had no contact with for decades, or simply someone you don't feel should benefit.
A will lets you make those decisions clearly and deliberately. It is one of the few legal documents that gives you complete control over something that matters deeply — and it costs far less than most people expect.
What to do next
If any of the situations above apply to you, the next step is straightforward: a free 30-minute call with one of our lawyers to talk through your circumstances and find out exactly what you need.
No obligation, no jargon, no pressure. Just clear advice from a qualified lawyer, so you can make an informed decision.
[Book your free call here →](https://calendly.com/yourlegalteam/30min)
Your Wills Team is part of the Your Legal Team family. All services are provided by qualified UK lawyers at fixed, transparent fees.
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