Do I Need a Will? 10 Reasons Every UK Adult Should Have One | Everlasting Legacy

It is easy to assume a will is something to sort out later, once you are older, once you have more to leave behind, once life slows down enough to deal with it. The honest answer to "do I need a will" is yes, and not just for the reasons most people expect. Here are ten.

1. Without a will, the law decides who inherits, not you

If you die without a valid will in England and Wales, your estate is distributed under the intestacy rules, a fixed legal formula that has nothing to do with your actual wishes. It does not ask who you were close to, who needs the money most, or who you would have wanted to receive your grandmother's ring. It simply follows a hierarchy, and that hierarchy often surprises families.

2. Unmarried partners inherit nothing automatically

There is no such thing as common law marriage in England and Wales, however long you have lived together. Under the intestacy rules, a cohabiting partner has no automatic right to anything, not your savings, not your share of the home, regardless of how many years you have shared a life and a mortgage. A will is the only way to protect a partner you are not married to.

3. You choose who looks after your children

A will lets you name a guardian for any children under 18. Without that appointment, if both parents die, the court decides who takes on that responsibility, a process that can take time and may not reflect what you would have chosen. Naming a guardian in your will is one of the simplest and most important things a parent can do.

4. You decide who handles everything, not the court

A will lets you name your own executor, the person who deals with your estate, pays your debts, and distributes what is left. Without a will, the court has to appoint an administrator instead, which is rarely as quick or as straightforward, and may not be the person you would have picked.

5. It reduces the chance of family disputes

Clear instructions, in writing, signed and witnessed, leave far less room for disagreement than no instructions at all. Estates without a will are more likely to end up contested, and a contested estate can take years and tens of thousands of pounds in legal fees to resolve, money that comes straight out of what your family would otherwise have inherited.

6. It protects blended families

If you have children from a previous relationship, a will is what ensures they are provided for. Under intestacy, stepchildren inherit nothing at all, however long you raised them as your own, unless you legally adopted them. If your family does not fit the standard mould of one marriage and shared biological children, a will is not optional, it is essential.

7. It gives you a say in Inheritance Tax planning

A well-drafted will can make use of allowances and reliefs that reduce the Inheritance Tax due on your estate. Get this wrong, or leave it to the default intestacy position, and your family may pay considerably more tax than they needed to.

8. You decide when children actually receive their inheritance

Under intestacy, a child's inheritance is held in trust and released in full at 18, with no flexibility at all, not for university costs, not for a house deposit, not for anything else. A will lets you set a later age, 21 or 25 is common, and build in some discretion for trustees to release funds earlier if it genuinely makes sense.

9. You can leave something to people who would otherwise get nothing

Friends, godchildren, carers, charities, none of them feature anywhere in the intestacy rules. If there is anyone outside your immediate family you want to remember, a will is the only way to make that happen.

10. It is more affordable, and faster, than most people think

A straightforward will does not need to cost hundreds of pounds or take weeks to arrange. Many people are quoted, or assume, far more than is actually necessary for a simple estate. We can talk you through what your situation actually needs, and what it would cost, in a single conversation.

Ready to put a will in place? Book Consultation with Everlasting Legacy and we will talk you through exactly what you need, in plain English.

This article provides general information about the law in England & Wales and is correct at the time of writing. It is not a substitute for advice tailored to your individual circumstances. Please speak to a qualified adviser before making decisions about your estate.