Who will look after my children if I die?

A Will is where parents formally record their wishes about guardianship. If both parents die, this helps guide decisions and avoids unnecessary uncertainty at an already difficult time. You can name more than one Guardian, including a primary Guardian and a substitute Guardian if the first is unable or unwilling to act. Planning this in advance means you, not the courts, are setting out what you believe is best for your children.

How does a Will protect unmarried partners, step-children and chosen family?

A common misconception is that a “common law” partner will automatically inherit if the other partner dies. In England and Wales, common law marriage does not exist. Without a Will, an unmarried partner can be treated very differently to a spouse, regardless of how long you have shared a life, a home, or a Netflix account. Step-children and chosen family are also not automatically recognised if there is no Will in place. The law that governs Wills dates back to 1837 and was not designed with modern families in mind. Writing a Will is how you move away from outdated defaults and make clear decisions that reflect your real life and relationships.

Who inherits what under my Will?

A Will is about more than who inherits. It is also about who does not. From treasured heirlooms to your first property, your Will lets you be clear about what goes where, and why. That clarity helps prevent misunderstandings, protect relationships, and stop outdated default rules from stepping in where they do not belong.

Can I include funeral wishes in my Will?

Including funeral preferences in your Will can take pressure off the people you leave behind. It means fewer debates, less second-guessing, and no one having to say, “I think this is what they would have wanted.” While funeral wishes are not legally binding, recording them clearly gives guidance at a difficult moment and helps those closest to you make decisions with confidence.

How can a Will help plan for life’s curveballs?

Protecting assets is not about mistrust. It is about planning ahead. A Will can help future-proof inheritances from life’s curveballs, whether that is divorce, financial instability, or a few questionable choices along the way. Setting clear terms gives you more control over how and when assets are passed on.

Do I need a Will if I don’t have much money?

Wills are not about being wealthy. They are about making clear decisions, especially if you have children, a partner, or shared responsibilities. For many parents, guardianship alone is reason enough to write a Will. It is also a gift to leave behind clarity instead of stress at an already difficult time.

What happens if I die without a Will?

Even close families can end up stressed and uncertain when there is no Will. Probate is a marathon, not a sprint, and without a Will there is no automatic right to step in or make decisions. A Will removes guesswork, reduces the risk of disagreement, and helps things move forward more smoothly. It is a kindness, not a drama.

Can I wait to write a Will?

Life rarely gives advance warning. Accidents happen, and “later” is not guaranteed. The moment you have something you love is the moment you need to protect it. Writing a Will now means you can make clear decisions while things are calm, and update it as life changes.

Is writing a Will morbid?

Writing a Will is not about dwelling on death. It is about protecting the people, places, and things you love. We approach it as a thoughtful, life-affirming process, always sensitive to the emotional weight involved. For most people, the relief when it is done is real, giving them the freedom to get back to the things they enjoy in life.

LGBTQI+ Wills - Why Your Will Matters More Than You Think

Your Family Deserves Protection

If you do not have a Will, the law decides who inherits your estate. These rules, known as intestacy laws, apply to everyone and follow a fixed order based on marriage, civil partnership and blood relatives.

For some LGBTQI+ people, relationships and chosen family may not fall within that legal structure. Unmarried partners, close friends and those you consider family are not automatically protected. A Will ensures your wishes, not a default formula, determine what happens next.

The Uncomfortable Truth About Dying Without a Will If You're Not Married or in a Civil Partnership

If you die without a Will, the law decides who inherits. These rules, known as intestacy laws, apply to everyone.

For many LGBTQI+ individuals and couples, relationships may not sit neatly within traditional legal categories. Long-term partners, chosen family and those you consider closest to you are not automatically recognised unless you are married or in a civil partnership.

Instead, your estate passes to relatives in a fixed legal order:

Children (including adult children)
Parents
Siblings
Grandparents
Aunts and uncles
The Crown, if no surviving relatives can be found

An unmarried partner is not included in this list.

In short, if you are not married or in a civil partnership, the law does not default to your partner. A Will is the only way to ensure they are provided for according to your wishes.

If You Are Married or in a Civil Partnership

Marriage and civil partnership provide significantly more protection under intestacy rulesand there are important tax advantages available to married couples.

However there are still nuances to consider.

If you’re married with children and your estate falls below the statutory threshold, your children will inherit nothing.
Getting married automatically revokes any Will made beforehand, unless that Will was drafted in contemplation of that specific marriage or civil partnership. For LGBTQI+ couples who have married or entered into civil partnership later in life, or after a long period of cohabitation, this can be particularly relevant.
Chosen family aren’t automatically entitled to anything.
Simultaneous deaths (ie. in an accident) means the youngest person’s Will is activated, so this can impact planning significantly.

Even where marriage offers protection, a Will ensures clarity, tax efficiency and control over how your estate is structured.

Example Scenario

James and Arjun are married, though neither has made a Will. They die together in a car accident. James is older so he is deemed to have died first under the law. His estate therefore passes to Arjun under intestacy, because they are married.
Arjun’s estate, now including James’s assets, is distributed under Arjun’s intestacy rules.
Arjun has no close relatives and despite James’s large extended family and their mutual God-children, the entire combined estate passes to Arjun’s estranged second cousin who never approved of their relationship.

Learn More About Intestacy

Trans and Non-Binary Clients

Your Will should reflect who you are. It also needs to comply with legal formalities.

If you have a Gender Recognition Certificate (GRC)

You are legally recognised in your acquired gender for most legal purposes. Your Will can and should reflect that. You will be treated according to your acquired gender in class gifts such as “my sons” or “my daughters.”

We ensure your Will aligns with your legal status while using language that reflects your identity.

If you do not have a GRC

Legally, your gender remains your birth gender. However, your Will can still use your chosen name and appropriate pronouns, provided your legal identity is clearly established. The key requirement is certainty of identification, not conformity of language.

We draft in a way that avoids ambiguity while respecting how you live and identify.

Non-Binary Identities

UK law does not currently recognise non-binary as a separate legal gender. That does not prevent your Will from being drafted respectfully and clearly.

We can:

Use your legal/dead name once while reflecting your chosen name thereafter
Use gender-neutral language throughout
Avoid unnecessary gendered terminology
Use the title Mx if preferred

The priority is clarity, legal validity and respect.

Book a 30 minute free call here

Trans Beneficiaries and Drafting Clarity

When a Will refers to a group such as “my sons” or “my daughters,” the law interprets that wording according to legal status.

If a beneficiary has a Gender Recognition Certificate, they are legally recognised in their acquired gender for most legal purposes. This means they would ordinarily fall within a class gift consistent with that legal gender.

However, ambiguity can arise if language is unclear, genders have been legally changed or if there are multiple children and inconsistent references are used.

The safest approach is simple: name beneficiaries explicitly wherever possible.

Relying solely on class descriptions such as “my daughters” can create uncertainty, particularly in blended families or where gender identity and legal documentation differ.

Example Scenario

Maria has four children; three daughters and a son. However, her daughter Alex, was registered male at birth and now lives as a woman
When Maria passes, her Will leaves £100,000 “to my daughters in equal shares.”
If Alex does not hold a Gender Recognition Certificate, the legal interpretation of the term “my daughters” may become less straightforward. The wording could leave room for disagreement about whether Alex is included within that class.

Your Questions Answered

Only if it affects how you want your Will drafted. If you have a Gender Recognition Certificate, we need to know for legal drafting reasons. If you want us to use specific pronouns or titles, tell us. Otherwise, it's your business. We just want to ensure your documents reflect your wishes AND are legally binding.
Not unless you show them. Your Will is confidential until you die. We are also bound by the code of conduct of the Society of Will Writers, which includes confidentiality.
Your Will can be drafted discreetly. We can use terms like "my friend" if you prefer, however keep in mind that the document itself is confidential until after you pass. We'll discuss the best approach for your situation.
Absolutely! Your Will is your choice. You can leave your estate to anyone you want.
They can try, but a professionally drafted Will with clear explanations is much harder to challenge successfully. We'll help you protect your wishes and will also explain who would have a claim to make after you pass.
Not at all, however it's often helpful to tell your executors so they know what to expect and where your Will is stored.
Your Will becomes invalid unless it was made "in contemplation of" that marriage or civil partnership. You'll need a new Will if this is the case.
Yes! You can make a new Will at any time. We recommend reviewing your Will every 3-5 years or after major life changes. But don’t worry, once you’re our client, we will remind you in 3 years to double check nothing major has changed.

The Bottom Line

Intestacy rules apply to everyone. But for many LGBTQI+ individuals and families, the default legal framework is less likely to reflect how your life is actually structured.

Unmarried partners are not automatically protected.
Chosen family is not recognised by default.
Class-based wording can create uncertainty.
And technical rules can override intention.

A Will replaces default assumptions with clarity.

You decide who inherits.
You decide who raises your children.
You decide who manages your estate.

It is not about fear or pessimism. It is about ensuring the law reflects the life you have built.

Ready to put that clarity in place?