Who Needs a Will?

Most people assume Wills are only for the wealthy or elderly. The truth? If you have people you care about or responsibilities you want handled clearly, you need a Will.

Without a Will, 1925 intestacy laws decide your family's future - not you.

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The Reality

72% of UK adults don't have a Will.

Not because it doesn't matter, but because they assume:

  • "I'm too young"

  • "I don't have enough assets"

  • "My partner will inherit automatically"

  • "I'll do it later"

All of these assumptions are wrong - and potentially devastating for the people you love.

You Need a Will If You're a Parent

Why Parents Need Wills

A Will is the only legal way to name guardians for your children if both parents die.

Without a Will:

  • Courts decide who raises your children

  • Family disputes can drag on for months

  • Your children could end up in temporary social care

  • Your children's inheritance goes directly to them at 18 (with no guidance or protection)

  • No one knows your wishes for their upbringing

What a Will Does for Parents

✓ Names your chosen guardians (and backup guardians)

✓ Protects inheritance until children are mature enough

✓ Appoints trustees to manage money responsibly

✓ Prevents family conflict during an already traumatic time

A young child plays with a red balloon against a slightly cloudy sky.
  • Two children walking along a coastal path holding hands.

    Example scenario:

    Tom and Sarah had two children aged 3 and 5. They died in a car accident without Wills. Tom's parents and Sarah's sister both claimed guardianship. The court case took 14 months and the children lived in temporary foster care while the family fought in court.

    Learn more: Guardianship for Children

Ready to protect your children?

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You Need a Will If You're Unmarried

The Common Law Marriage Myth

There is no such thing as common law marriage in England and Wales.

It doesn't matter if you've lived together for:

  • 5 years

  • 10 years

  • 20 years

  • Have children together

  • Own property together

Without a Will, your partner has NO automatic right to inherit anything.

What Happens Without a Will

If you die without a Will and you're unmarried:

  • Your partner inherits nothing (they might as well be the milkman!)

  • Your estate goes to your children, parents, or siblings

  • Your partner could lose the family home

  • They have no legal right to make funeral decisions

  • They may need to go to court just to stay in the home you shared

What a Will Does for Unmarried Couples

✓ Legally protects your partner

✓ Ensures they inherit what you intend

✓ Prevents your family from overriding your wishes

✓ Gives them the right to make decisions

✓ Protects the home you've built together

  • A row of British looking houses against the sky.

    Example scenario:

    Emma and Alex lived together for 12 years, owned a home together (as tenants in common) and had a child. When Emma died suddenly without a Will, her half of the house went to her estranged parents. Alex faced selling the family home while grieving and raising their child alone.

    Learn more: Unmarried Couples & Wills

Ready to protect your children?

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You Need a Will If You're LGBTQI+

Unique Vulnerabilities

LGBTQI+ individuals and couples face specific risks:

  • Unmarried same-sex couples have no automatic inheritance rights (just like opposite-sex unmarried couples)

  • Estranged families may inherit everything if you don't have a Will

  • Chosen family is ignored by intestacy rules (only blood relatives and spouses inherit)

  • Trans individuals need to ensure their documents reflect their gender identity in a chosen and legal way

  • Trans beneficiaries need to be clearly identifiable if names/gender have changed

  • Step-children in same-sex families may not be recognised unless legally adopted

Close-up of two fists with colorful letters tattooed on fingers spelling 'LGBTQIA+', against a black background.

What a Will Does for LGBTQ+ Individuals

✓ Protects your partner legally (married or unmarried)

✓ Includes chosen family and step-children

✓ Prevents unsupportive biological family from inheriting

✓ Ensures your identity and wishes are respected

✓ Provides clarity if names or legal gender have changed

  • A couple stand holding hands in shadow

    Example scenario:

    Michael and David lived together for 50 years but never married. When Michael died suddenly without a Will, David inherited nothing. Michael's estranged sister (who hadn't spoken to him in 30 years) inherited everything - including Michael's half of the house. David faced eviction from the home he'd lived in for 40 years. He had no legal right to Michael's pension, savings, possessions, or even to make funeral arrangements.

    Learn more: LGBTQI+ Inheritance Rights

Ready to chat?

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You Need a Will If You Have a Blended Family

Complex Family Structures

Blended families face unique challenges:

  • Step-children don't inherit under intestacy (only biological or legally adopted children)

  • Ex-spouses may still have claims if not properly addressed

  • Children from previous relationships need explicit provision

  • New partners may not be protected if you're unmarried

What a Will Does for Blended Families

✓ Provides for step-children (who intestacy ignores)

✓ Balances needs of current partner and children from previous relationships

✓ Prevents disputes between "old" and "new" families

✓ Ensures everyone you care about is protected

✓ Gives clear instructions that reduce conflict

Two children dressed as superheroes, one as Spider-Man and the other as Captain America, hugging and smiling.
  • A couple stand holding hands in shadow

    Example scenario:

    James was a widower with two teenage daughters. He wrote a Will leaving everything to them - the family home, savings, and sentimental items from their late mother.

    Five years later, James remarried. He assumed his Will was still valid. He didn't know that getting married automatically revokes any previous Will in England and Wales.

    When James died two years later, his children discovered he had no valid Will so Claire inherited the entire estate. His daughters inherited nothing - not the family home, not their mother's possessions, not their father's savings. Everything went to Claire.

    Learn more: Blended families and Will Trusts

You Need a Will If You Own Property

Why Property Owners Need Wills

If you own property (alone or jointly):

  • Your share is worth protecting

  • Joint ownership doesn't always mean automatic inheritance

  • Tenants in common = your share goes via your Will (or intestacy if you don't have one)

  • Joint tenants = your share passes automatically, BUT this might not be what you want long-term

What a Will Does for Property Owners

✓ Controls who inherits your property share

✓ Protects unmarried partners from losing the home

✓ Prevents forced sale if co-owners want different things

✓ Provides for children while protecting a surviving partner

✓ Plans for inheritance tax efficiently

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Protect your property for future generations

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You Don't Need to Be Wealthy

The "I Don't Have Enough" Myth

Most people underestimate their estate value:

Average UK estate: ~£200,000 (mostly property)

What counts as your estate:

  • Property (even if mortgaged, though it’s the net value that’s considered)

  • Savings and investments

  • Pensions (entering IHT from April 2027)

  • Cars, jewellery, possessions

  • Vehicles

  • Business assets

Intestacy threshold: If your estate is less than £325,000 and you are married or in a civil partnership, your children will inherit nothing.

It's Not About Wealth - It's About Control

Even modest estates benefit from clear instructions:

  • Who gets sentimental items?

  • Who manages money for young children?

  • Who makes funeral decisions?

  • Who's excluded (estranged relatives)?

Without a Will, the law decides - not you.

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When Should You Write a Will?

Life Events That Trigger the Need

You should write (or update) your Will when:

✓ Having children - Name guardians immediately

✓ Getting married - Marriage revokes previous Wills

✓ Buying property - Protect your biggest asset

✓ Starting a relationship - Especially if unmarried

✓ Divorce or separation - Update immediately

✓ Receiving inheritance - Protect what you've received

✓ Starting a business - Plan for succession

✓ Aging parents - Provide for their care or inheritance

✓ Diagnosis of serious illness - Ensure wishes are clear

Couple walking hand-in-hand in a grassy field at sunset, with mountains in the distance.

The Best Time? Now.

You don't need a "reason" to write a Will. The best time is while you're healthy and thinking clearly.

Waiting until you "need" one is often too late.

Ready to Protect Your Family?

Writing a Will isn't about predicting the future. It's about making calm decisions now, while you can, so the people you love are protected later.

Book a free call now

No obligation. No pressure. Just clear guidance about your options.

“I had a great experience with AWAY Wills, the process was super easy and efficient, Nellie was fantastic, really helpful and professional throughout. Highly recommend!”

— Morgan, AWAY Wills customer