As someone who has spent decades guiding families through estate planning, I always get asked “Do I need a Will?”. I can confidently say that having a will is one of the most important financial decisions you’ll ever make. That is why I have affectionately become known as ‘Phil the Will’. A will isn’t just about deciding who gets what—it’s about protecting your family, ensuring your assets go to the right people, and giving yourself peace of mind. Without one, you leave your estate in the hands of UK intestacy laws, which may not distribute your assets the way you’d like.
If you’re young and healthy, creating a will isn’t always a priority. A recent study showed this to be a widespread attitude, revealing more than 56% of adults in the UK don’t have a will. In a bid to change this, I’m going to explore the key scenarios where a will is essential. We’ll also look at what happens if you don’t have one, and how a professional will writer like myself, can help you make the best financial choices for your estate.
What Happens If You Die Without a Will?
Dying without a will is known as dying intestate. The rules of intestacy dictate how your estate is distributed. Here’s what could happen:
- Your spouse or civil partner may not inherit everything if you have children.
- Unmarried partners receive nothing, no matter how long you’ve been together.
- Children under 18 may have their inheritance controlled by the court rather than a trusted guardian.
- Distant relatives could inherit instead of close friends or charities.
- If no legal heirs are found, your entire estate goes to the Crown.
Why the UK Rules of Intestacy Are Not Fit for Purpose
These rules were originally set out in the Administration of Estates Act 1925 and, while they’ve been amended over the years (most recently in 2023), they are still largely based on outdated ideas of family life. The reality is, modern families are far more complex than they were in the 1920s, and the intestacy rules simply don’t work for most people today.
The Problem with Intestacy Laws
For starters, the law only recognises married partners or civil partners. If you’re in a long-term relationship but not married, your partner is entitled to nothing—even if you’ve shared a home, had children together, or built a life over many years. Instead, your assets would pass to your children, parents, or even more distant relatives before your partner sees a penny. This leaves unmarried partners in an incredibly vulnerable position, often forcing them into lengthy legal battles or even out of their own home.
Blended families also get a raw deal. The rules follow a strict bloodline, meaning stepchildren do not inherit unless they have been legally adopted. Imagine raising a child as your own for decades, only for them to receive nothing because the law doesn’t see them as ‘yours.’ Meanwhile, estranged relatives you may not have spoken to in years could stand to inherit everything.
Then there’s the issue of how assets are split. Under the latest amendments, if you’re married with children, the first £322,000 of your estate goes to your spouse, and the rest is split 50/50 between your spouse and your children. While this might sound fair on paper, it can create real financial problems in practice—particularly if most of your estate is tied up in a house. Your spouse may suddenly find themselves needing to buy out their own children just to keep their home.
The Emotional and Financial Burden on Families
Beyond the financial issues, intestacy creates unnecessary stress and heartache for families already going through a difficult time. Instead of focusing on grieving and supporting one another, they’re left navigating legal red tape. Worse still, families could argue over entitlements, or even face the prospect of losing their home. I’ve seen too many cases where families have been torn apart because the law dictated who should inherit. Sadly, it never reflects the wishes of the person who passed away.
The good news is, you don’t have to leave it up to the government to decide what happens to your estate. By writing a will, you take control. You ensure your loved ones are looked after in the way you want, not according to outdated laws that don’t reflect modern family life. So, have your say and create a Will today. If you’re still not convinced, then read to find out if you need a will.
Key Situations Where a Will is Essential
1. Do I need A Will If I Own Property?
Owning a property is one of the biggest reasons to have a will. Without one, your property may not automatically pass to your intended people (beneficiary), even if you share ownership with a partner.
If you Own the Property Alone
The rules of intestacy dictate who inherits your property, which could mean distant relatives inheriting instead of your chosen beneficiaries.
Who is responsible for sorting this out?
When someone dies without a will, an administrator (usually a close relative) must apply for Letters of Administration from the probate court to handle the estate. If there is no immediate family, the responsibility could fall to distant relatives or, in extreme cases, the government.
The legal process and impact on the family:
- Locating and verifying the legal heirs can be time-consuming, especially if they are distant relatives or live abroad.
- Sorting out probate without a will often takes longer than with a will—sometimes 12-18 months or more.
- The process can be expensive, with legal fees, court costs, and probate application fees potentially amounting to thousands of pounds.
- Family disputes are common, particularly if multiple relatives believe they are entitled to inherit the property.
Worst-case scenario:
If no living relatives are found, your property becomes bona vacantia, meaning it is claimed by the Crown. Therefore, your lifelong asset could end up being sold off by the government instead of benefiting loved ones or charities of your choice.
What if the house has a mortgage?
If the property has an outstanding mortgage, it does not disappear upon death. The lender will expect the estate to settle the debt. If the inheriting party cannot afford to pay off or continue mortgage payments, the house may have to be sold, potentially at a loss or under financial pressure.
Joint Tenants vs. Tenants in Common
If you own property as “tenants in common,” your share does not automatically go to your co-owner—it goes into your estate, which could create complications if no will is in place.
Worst-case scenario if there’s no will:
- Your share of the property becomes part of your estate and is distributed according to intestacy laws, which could mean a distant relative or multiple heirs inherit it.
- The surviving co-owner may find themselves co-owning the property with someone they didn’t expect—or even multiple people.
- If there is disagreement between the new inheritors and the surviving owner, the property may need to be sold to divide the inheritance, forcing the surviving owner out of their home.
What if the house has an outstanding mortgage?
- The mortgage does not disappear, and the lender will expect payments to continue.
- If the new inheritors cannot afford their share of mortgage payments, they may be forced to sell their inherited share.
- The lender may even repossess the property if payments are not made, which could leave the surviving co-owner without a home.
Can the legal administrator force a sale?
- If the estate has debts (including the mortgage) that cannot be paid off, the legal administrator may be forced to sell the property to cover outstanding liabilities.
- This means the surviving co-owner could lose their home if they are unable to buy out the inherited share or come to an agreement with the new inheritors.
Having a will ensures your home goes to the right people without unnecessary legal battles or distress.
2. Do I Need a Will If I’m Married or in a Civil Partnership
Marriage automatically revokes any previous wills you may have made. If you don’t update your will after getting married, you could accidentally leave your estate in a way that doesn’t align with your wishes.
- Without a will, your spouse or civil partner will inherit most (but not necessarily all) of your estate, which could leave out children from a previous relationship.
- If you’re not legally married or in a civil partnership, your partner will not automatically inherit anything.
3. Do I Need a Will If I have Children?
When you become a parent, the responsibility for your child’s future becomes one of the most important aspects of your life. However, something many parents overlook is the legal protection their children need in the event of their death. Without a will in place, your children could face a far more uncertain future than you’d ever want for them. It’s not just about having someone care for them—it’s about ensuring that the right person is entrusted with that responsibility.
Imagine for a moment that you’ve never written a will, and unfortunately, something happens to you. Under UK law, your child’s legal guardian would usually be the surviving parent, but what if that parent isn’t involved in the child’s life? We’ve seen this happen with clients, and the anguish it causes is unimaginable. One family came to us in a state of distress after a mother passed away unexpectedly. While her ex-husband was legally entitled to care for their children, he had not been involved in their lives for years. The children were effectively left in limbo, as no clear arrangement had been made. The mother’s parents, who were very involved, felt powerless in this situation. They were unable to challenge the legal framework without a costly court battle. This is a situation no parent should ever face.
Here’s a quick breakdown of certain situations:
What happens if one parent dies and they are not married?
- If the surviving parent is named on the birth certificate, they automatically become the legal guardian.
- If the deceased parent had sole custody, the court will decide who should take over care, prioritising biological family members but not necessarily the surviving parent.
- A dispute over guardianship can arise, leading to court battles and uncertainty for the child.
What if both parents die?
- Without a will, the courts will appoint a guardian, which could be a relative but may not be who the parents would have chosen.
- Family members may contest guardianship, leading to legal disputes and prolonged uncertainty for the child.
- Financial arrangements for the child’s care may be delayed while the estate goes through probate.
How financial advisers can help with trusts
A properly structured trust can protect your children’s financial future while minimising inheritance tax liabilities. As financial advisers, we can help you:
- Set up a trust to hold assets for your children until they reach an age you specify (e.g., 21 or 25, rather than 18).
- Appoint trustees to manage the money responsibly, ensuring it is used for education, housing, and welfare.
- Reduce inheritance tax by using discretionary trusts, which allow flexibility in distributing assets and can lower tax liabilities.
- Protect assets from external claims, such as creditors or future divorces.
A will combined with financial planning ensures your children are cared for, both emotionally and financially.
4. Do I Need A Will To Protect My Wealth and Assets?
A will lets you distribute your money and possessions exactly as you wish. This is particularly important if you own businesses, have valuable investments, or want to divide assets fairly among family members.
Without a will, assets may be divided based on intestacy laws, which could cause unnecessary disputes or financial difficulties for your family.
Other Reasons to Have a Will
Avoid Overpaying Inheritance Tax
Inheritance Tax (IHT) can take a significant portion of your estate if not planned properly. A well-structured will can help minimise tax liabilities by:
- Setting up trusts to protect family wealth.
- Making use of tenants in common agreements to distribute property tax-efficiently.
- Creating mirror wills with your spouse to ensure assets are passed down with minimal tax implications.
- Donating to charity, which can reduce your IHT liability if you leave at least 10% of your estate.
With the right financial guidance, you can ensure your loved ones benefit from your estate without unnecessary tax burdens.
Personal Wishes & Funeral Arrangements
A will allows you to leave specific instructions for sentimental possessions, such as heirlooms, jewellery, or letters. Without a will, these items may not be passed down as intended, potentially causing disputes among family members. Do you really want to be the instigator or family feuds?
Recently, I spent a year consulting for a crematorium & cemetery based in Cannock. This experience gave me a deep understanding of the emotional and practical challenges families face when arranging a funeral, often without clear guidance on what their loved one would have wanted. It’s an incredibly difficult time. Plus, without a will that sets out your funeral wishes, the burden of making those decisions falls entirely on grieving relatives.
Many people don’t realise that their funeral can be whatever they want it to be! It doesn’t have to be the traditional black, solemn, religious affair. Yet, when no preferences are stated, families tend to default to what they think is expected, rather than what truly reflects the person they’re saying goodbye to. By including your funeral wishes in your will, you give your family clarity, reassurance, and the ability to honour you in a way that truly represents your life and personality.
Because of our experience in the funeral industry, we can offer something that most will writers simply can’t. Real, practical advice on planning a funeral that aligns with your wishes. Whether you want a direct cremation followed by a relaxed celebration, an eco-friendly farewell, or something completely unique, we help you explore the options and make those decisions in advance. This isn’t just about ticking a box—it’s about ensuring your final send-off is a true reflection of you.
Charitable Giving
Many people choose to leave a portion of their estate to charities they care about. This not only supports good causes but can also reduce inheritance tax liability. Take a look at our blog about leaving money to charity in your will, and discover the difference it makes.
Why Use a Professional Will Writer Instead of a Solicitor?
While solicitors can draft wills, they primarily take instructions without offering financial guidance. As a professional will writer and financial advisor, I do more than just write your will. I help you navigate the best ways to structure your estate efficiently, protect your wealth and help structure your final wishes.
The Benefits of a Professional Will Writer:
Expert Financial Guidance
Planning for the future can feel overwhelming, but having the right guidance makes all the difference. I understand that your will isn’t just about distributing your assets—it’s about making sure your financial goals are met. Whether you’re concerned about inheritance tax or want to ensure your wealth is protected for future generations, I can help tailor your will to achieve these goals. It’s not just about what you leave behind; it’s about making sure your loved ones are financially secure in the way you intend.
Tailored Advice for Your Unique Situation
Every family is different, and what works for one person might not work for another. That’s why I take the time to understand your specific circumstances before offering any advice. Are you a parent with young children? Perhaps you’re a blended family, or maybe you’ve just bought your first home. Whatever your situation, I make sure your will reflects your personal needs and desires, providing peace of mind that your loved ones will be cared for in the way that’s right for you. We can also guide you through the process of how to choose executors of a will.
Ongoing Support for Life’s Changes
Life doesn’t stay the same—it changes, sometimes unexpectedly. You might get married, have children, acquire new property, or experience other significant milestones that impact your estate plan. That’s why I offer ongoing support to ensure your will evolves with your life. Regular reviews and updates are key to keeping your estate plan relevant and effective, so you can feel confident that your wishes will be honoured, no matter what changes come your way.
Affordable, Yet Expert Support
I know that hiring a solicitor can be expensive, but that shouldn’t prevent you from receiving the expert financial advice you need. My services are designed to be more affordable. However, I still offer the level of expertise that goes beyond what a standard solicitor can provide. With me, you get personalised advice tailored to your specific financial situation, without the high costs. This way, you can make sure your will is not only legally sound but also optimised to protect your family’s future in the best possible way.
Do I need a Will? Most definitely, yes!
Writing a will isn’t something you should put off. We understand that it’s an incredibly difficult subject to think about, but leaving a will doesn’t just protect your assets. A will is a simple yet powerful way to protect your loved ones and ensure your assets are distributed according to your wishes. Whether you need a new will or want to update an existing one, I’m here to help. At Online Probate, we also have fully qualified solicitors on hand for legal support and guidance. We offer LPAs with all of our Wills, so remember to read our guide on why set up a Lasting Power of Attorney.
Get your will today from Online Probate. We promise to provide expert advice and you’ll gain peace of mind, knowing your estate is in safe hands.
