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 Writing a Will is how you move away from outdated defaults and make clear decisions that reflect your real life and relationships.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 That clarity helps prevent misunderstandings, protect relationships, and stop outdated default rules from stepping in where they do not belong.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

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.

Writing a Will in England and Wales

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Written by the AWAY Wills Team | Last updated February 2026

A Will is a legal document that sets out what happens to your estate when you die. Your estate includes your money, property, possessions, and any other assets you own. In England and Wales, you must be 18+, write it down and sign it with two witnesses present. A Will lets you decide who inherits, appoint Executors, name a Guardian for children under 18, and avoid the fixed rules of intestacy that apply if you die without one.

In England and Wales, a Will only takes effect after death. While you are alive, it has no legal impact and can be changed at any time.

What does a Will let me do?

A valid Will allows you to:

Decide who inherits your estate
Appoint Executors to carry out your wishes
Name a Guardian for any children under 18
Record funeral preferences
Reduce delays and uncertainty for the people you leave behind

Without a Will, these decisions are made according to the rules of intestacy - fixed legal rules that often do not reflect modern family life.

Who needs a Will?

A Will is not just for the wealthy or the elderly. You should consider writing one if you:

Have children or dependants
Are in a long-term relationship but not married or in a civil partnership
Own or share property
Have step-children or chosen family you want to provide for
Want clarity over who is responsible for your affairs

If any of those apply to you, a Will matters.

→ Read our complete guide: Who Needs a Will?

What happens if I die without a Will?

Dying without a valid Will in England and Wales means your estate is dealt with under the rules of intestacy. These are fixed rules that apply the same framework to everyone, regardless of your actual circumstances.

They do not account for unmarried partners, blended families, or personal wishes. In many cases, the people closest to you have no automatic legal right to anything.

A Will is the only way to replace those default rules with your own decisions.

→ See detailed intestacy rules and scenarios h ere.

With a Will vs Without a Will: What's the Difference in England and Wales

What are the legal requirements to make a Will?

To be valid in England and Wales, a Will must:

Be made by someone aged 18 or over
Be made voluntarily and with mental capacity
Be in writing
Be signed by the person making it
Be witnessed by two independent witnesses, present at the same time

If any of these requirements are not met, the Will may be invalid.

How does the process of writing a Will work?

Writing a Will does not have to be complicated, but it does need to be done correctly.

At a high level, you will need to:

Decide what you want to happen to your estate
Choose who should inherit
Appoint one or more Executors
Name a Guardian if you have children under 18
Sign and witness the document correctly

Some people write their own Will. Others prefer professional support. What matters most is that the final document is clear, legally valid, and reflects your actual wishes.

The 5-step process for writing a valid Will in England and Wales

If you want to have a conversation where we explain things in plain English and avoid legal jargon, we would love to help.

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When should I update my Will?

A Will should be reviewed whenever your circumstances change. Common reasons to update include:

Having children
Buying or selling property
Getting married, separated, or divorced
Changes in who you want to inherit
Changes in your choice of Guardian or Executor

Reviewing every three to five years is a sensible habit and one that we will remind you of, if you’re a client of ours.

Guardianship

If you have children under 18, your Will is the only place in England and Wales where you can formally record who you want to care for them if both parents die.

→ Read our full guide to choosing a Guardian

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This guide reflects current law and practice in England and Wales and is reviewed regularly to ensure accuracy.