Do I Need a Will?

Short answer

Yes, you do need a will if you want control over what happens to your estate after you die, making a will is strongly recommended.

What happens if you don’t have a will in the UK?

If you die without a valid will in England and Wales, your estate is distributed under the rules of intestacy.

This means:

• the law decides who inherits your assets
• your personal wishes are not taken into account
• people you intended to benefit may receive nothing

The intestacy rules follow a strict order of priority based on family relationships, which may not reflect your circumstances or intentions.

Common misconceptions:

“My partner will automatically inherit everything”

This is a very common misunderstanding.

In England and Wales:

• unmarried partners do not automatically inherit anything under intestacy rules
• even where a couple has lived together for many years, the surviving partner may need to make a legal claim rather than inheriting by default

For married couples or civil partners, inheritance depends on the value of the estate and whether there are children or other close relatives. In some cases, the surviving spouse or civil partner may not inherit the entire estate.

“Everything will just go to my children”

Not necessarily.

Whether children inherit and how much depends on:

• whether you are married or in a civil partnership
• the overall value of your estate
• whether there are other surviving relatives who fall within the intestacy hierarchy

This can lead to outcomes that feel unexpected or unfair if no will is in place.

Why having a will is important

A properly drafted will allows you to stay in control and make clear decisions about your estate. For example, you can:

• choose exactly who inherits your money, property, and possessions
• appoint executors to manage your estate
• name guardians to care for your children
• leave specific gifts to individuals or charities
• help reduce the risk of disputes between family members

Without a will, these decisions are made according to fixed legal rules rather than your wishes.

Who should make a will?

You should strongly consider making a will if you:

• own a home or other property
• have savings, investments, or valuable possessions
• have children or dependants
• are married, in a civil partnership, or living with a partner
• want certainty over who benefits from your estate

In reality, most adults benefit from having a will in place, even if their estate is relatively simple.

When should you update your will?

A will should not be a one-off document. It is important to review it when your circumstances change, particularly after:

• marriage, civil partnership, or divorce
• the birth or adoption of children
• buying or selling property
• significant changes in financial circumstances
• the death of a beneficiary or executor

Keeping your will up to date helps ensure it continues to reflect your wishes.

What makes a will effective?

For a will to be effective, it should be:

• legally valid and properly executed
• clearly written to avoid ambiguity
• tailored to your personal and financial circumstances
• reviewed regularly to reflect life changes

Even small drafting issues can lead to confusion or disputes, so professional preparation is often valuable.

How Attwells can help

At Attwells Solicitors, we help individuals and families put clear, tailored wills in place with confidence and ease. Our team provides straightforward, fixed-fee will services designed to give you certainty and peace of mind.

Whether you are making a will for the first time or updating an existing one, we can guide you through the process and ensure your wishes are properly documented.

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Ready to take the next step?

If you want to make sure your wishes are followed and your loved ones are protected, get in touch with Attwells Solicitors to arrange your will consultation today.