Do I Need A Will If I'm Married In The UK?

Category: Will Writing

Target keyword: do I need a will if I'm married UK

Author: Heritance Planning

Read time: 6 minutes

It's one of the most common assumptions in estate planning — and one of the most dangerous.

Many married couples in the UK believe that if they die without a Will, everything automatically passes to their spouse. It sounds logical. It feels fair. And for many people, it's the reason they've never got around to writing a Will.

The problem is that it's not entirely true — and the consequences of this misunderstanding can be devastating for the families left behind.

What Actually Happens If You Die Without A Will In The UK?

When someone dies without a valid Will they are said to have died "intestate." In this situation the law — not you — decides what happens to your estate. This is governed by the Rules of Intestacy, and they don't work the way most people expect.

If You're Married With No Children

If you are married with no children and die intestate, your entire estate does pass to your spouse. In this specific scenario the assumption holds true.

But this is where most people stop reading — and where the real risks begin.

If You're Married With Children

This is where intestacy law surprises almost everyone.

If your estate is worth more than £322,000 and you have children, the Rules of Intestacy do not give everything to your spouse. Instead:

·        Your spouse receives the first £322,000 plus all your personal possessions

·        Anything above £322,000 is split — half to your spouse and half divided equally between your children

This means your children could inherit significant assets at age 18 — whether you intended that or not. And if your children are minors, the court may need to appoint trustees to manage their inheritance until they come of age, which is costly, time consuming and entirely avoidable with a properly drafted Will.

If You Own Property

With average house prices in Bedfordshire and across the UK having risen significantly in recent years, many couples find their estate exceeds the £322,000 intestacy threshold without realising it. If your home is in your sole name and you die intestate, your spouse may not automatically inherit it outright.

What About Common Law Marriage?

If you are living with a partner but are not married or in a civil partnership — what many people call "common law marriage" — you have no automatic inheritance rights under UK law whatsoever.

Common law marriage is a myth in England and Wales. It does not exist legally.

If you die without a Will your unmarried partner receives nothing — regardless of how long you have been together, whether you have children together or whether you own a home jointly. Your estate would pass to your blood relatives under the Rules of Intestacy, which could mean parents, siblings or even more distant relatives receiving your assets while your partner is left with nothing.

This is one of the most urgent reasons to have a Will in place — and it affects millions of couples across the UK who believe they are protected when they are not.

Five Reasons Every Married Person Needs A Will

1. You Choose Who Inherits — Not The Law

A Will puts you in control. You decide exactly who receives what, in what proportions and at what age. Without a Will the law makes those decisions for you — and as we've seen, those decisions may be very different from your wishes.

2. You Appoint Guardians For Your Children

If you have minor children, a Will is the only legal mechanism for appointing guardians — the people who will care for your children if both parents die. Without a Will the court decides who raises your children. This alone is reason enough to have a Will in place.

3. You Protect Your Spouse From Unnecessary Complications

Even in situations where your spouse would inherit under intestacy, dying without a Will creates significant administrative burdens. The process of obtaining Letters of Administration — the intestate equivalent of probate — is more complex, more expensive and more time consuming than administering a properly drafted Will. This is the last thing a grieving spouse needs.

4. You Can Reduce Your Inheritance Tax Liability

A professionally drafted Will, prepared by a qualified tax adviser, can be structured to minimise your Inheritance Tax liability — protecting more of your estate for the people you love. Without a Will there is no opportunity for this planning, and your estate may face a significantly larger tax bill than necessary.

5. You Can Include Specific Wishes

A Will allows you to leave specific items to specific people — jewellery, sentimental possessions, personal messages. It also allows you to include a Letter of Wishes giving your executors guidance on matters the Will itself cannot cover. None of this is possible without a valid Will.

What Makes A Valid Will In The UK?

For a Will to be legally valid in England and Wales it must meet the following requirements:

·        It must be in writing

·        It must be signed by the person making the Will — known as the testator

·        It must be signed in the presence of two independent witnesses who are both present at the same time

·        Both witnesses must sign the Will in the presence of the testator

·        The witnesses must not be beneficiaries of the Will or married to beneficiaries.

A Will that does not meet these requirements is invalid — meaning your estate would pass under intestacy as if no Will existed at all. This is why professional Will drafting matters. An experienced estate planner ensures your Will is legally sound, correctly executed and reflects your wishes precisely.

When Should You Update Your Will?

A Will is not a document you write once and forget. Your circumstances change — and your Will should change with them. You should review your Will whenever:

·        You get married — a new marriage automatically revokes any existing Will in England and Wales

·        You get divorced

·        You have children or grandchildren

·        You move house or acquire new property

·        Your financial circumstances change significantly

·        A beneficiary or executor named in your Will dies

·        You change your mind about who should inherit

As a general rule reviewing your Will every three to five years is good practice — even if your circumstances haven't changed significantly.

The Cost Of Not Having A Will

The emotional and financial cost of dying intestate can be significant. Families face:

·        Lengthy and expensive probate processes

·        Court involvement in appointing guardians for children

·        Potential inheritance tax bills that could have been avoided

·        Family disputes over who should receive what

·        Unmarried partners left with nothing

·        Assets passing to people you wouldn't have chosen

All of this is entirely preventable. A professionally drafted Will — tailored to your specific circumstances by a qualified estate planner — is one of the most important documents you will ever sign.

How Heritance Planning Can Help

At Heritance Planning we combine professional Will drafting with qualified tax advisory expertise — ensuring your Will is not just legally sound but structured as tax efficiently as possible for your individual circumstances.

Our process is simple, fully remote and completed within 5 to 7 working days of your free consultation. We serve clients across Bedfordshire and the surrounding counties, as well as British expats worldwide.

Starting from £295 for a single Will — all fees confirmed following your free 30 minute consultation.

Ready to protect your family? Book your free no obligation consultation today at heritanceplanning.com or email hello@heritanceplanning.com.

All enquiries responded to within 24 hours.

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© 2026 Heritance Planning. All rights reserved. This article is for informational purposes only and does not constitute legal or tax advice. Please seek professional advice tailored to your individual circumstances.