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 Writing a Will is how you move away from outdated defaults and make clear decisions that reflect your real life and relationships.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 That clarity helps prevent misunderstandings, protect relationships, and stop outdated default rules from stepping in where they do not belong.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.

What Happens If You Die Without a Will?

A Beginner’s Guide to Intestacy

When someone dies without a valid Will in England and Wales, they are said to have died intestate. This means their estate must be distributed according to a fixed set of legal rules known as the rules of intestacy.

These rules apply automatically. Personal wishes, informal agreements, and family dynamics are not taken into account at all.

The current intestacy rules were introduced in 1925. While they have been amended over time, they remain rooted in assumptions about family life that no longer reflect how many people live today.

Understanding how these rules work is essential, particularly for parents, unmarried couples, and blended families.

So… what exactly are the rules of intestacy?

The rules of intestacy set out a strict order of who is entitled to inherit when there is no Will. Only certain relatives are recognised, and inheritance follows a hierarchy defined in law.

In broad terms, the estate is distributed in the following order:

Spouse or civil partner
Children
Parents
Siblings
More distant relatives
The Crown, if no eligible relatives exist

How much each person receives depends on legal status and the value of the estate.

If the deceased was married or in a civil partnership

Where the deceased was married or in a civil partnership, the surviving spouse or civil partner is prioritised.

They will inherit:

All personal belongings
The first £322,000 of the net estate

Any remaining estate above £322,000 is then divided as follows:

50% to the spouse or civil partner
50% shared equally between the deceased’s children

A key point often overlooked is that if the total net estate is worth less than £322,000, the children will inherit nothing under the intestacy rules. In these cases, everything passes to the surviving spouse or civil partner.

This outcome may be at odds with what many parents expect or intend.

If the deceased was not married or in a civil partnership

The intestacy rules do not recognise unmarried partners, regardless of how long the relationship lasted.

There is no legal concept of “common law spouse” for inheritance purposes.

If the deceased had children, the entire estate passes directly to them. The surviving partner receives nothing automatically and may need to pursue a legal claim to secure financial provision or remain in the family home.

If there were no children, the estate passes to the deceased’s parents, then siblings, and then more distant relatives, bypassing the partner entirely.

This can leave long-term partners financially vulnerable at an already difficult time.

What happens if there are no surviving relatives?

If no eligible relatives can be identified, the estate passes to the Crown under the principle of bona vacantia.

Friends, carers, godchildren, and chosen family members have no automatic entitlement unless they are named in a Will.

Why intestacy causes problems for modern families

The intestacy rules were created for a time when marriage was the norm and family structures were simpler. They do not reflect modern realities, including:

Unmarried long-term relationships
Blended families and step-children
Chosen families
Unequal financial needs between children
Personal wishes around timing and control of inheritance

By default, intestacy removes choice and replaces it with a one-size-fits-all legal formula.

How intestacy can be avoided

The only way to ensure an estate is distributed according to personal wishes is to have a valid Will in place.

A Will allows individuals to:

Choose who inherits and in what proportions
Protect unmarried partners
Make tailored provision for children
Reflect modern family arrangements
Reduce uncertainty, delay, and potential disputes

Dying intestate means leaving deeply personal decisions to a rigid legal framework designed over a century ago.

A Will restores clarity, choice, and control.