In this first of a two-part series, we answer the top questions clients ask about wills and how to make them.
I'm a solicitor in the Wills, Trusts and Probate Team at Rothera Bray. One of the most common questions I get from clients is "Do I really need a Will?" In this guide, I'll answer that and more, so you can make informed decisions about your future.
Why do I need a Will?
If you die without a Will in England or Wales, your estate is distributed according to intestacy rules, which may not reflect your wishes.
For example:
- if you're married with children, only the first £270,000 goes to your spouse
- the rest is split: 50% to your spouse, 50% to your children
- if you're unmarried, your partner may receive nothing
A Will ensures your estate goes where you want it to.
What about unmarried couples?
Cohabiting partners aren't recognised under intestacy rules. Without a Will, your partner could be left with no legal claim to your estate, even if you've lived together for years.
Can it delay the process?
Yes. Dying without a Will can delay the administration of your estate and create unnecessary stress for your loved ones.
What should I include in my Will?
Your Will should cover:
- personal belongings (e.g. jewellery, heirlooms)
- property
- savings and investments
- life insurance or pensions
- digital assets
You can also:
- name your beneficiaries
- specify how and when they inherit (e.g. at age 25)
- include funeral wishes or guardianship for children
Can I change my Will?
Yes. You can update your Will at any time, as long as you have mental capacity. We recommend reviewing it every 4–5 years or after major life events like marriage or having children.
Important: If you marry after writing your Will, it may become invalid unless it includes a clause stating it was made in contemplation of marriage.
When does it become legal?
Your Will becomes legally binding once it's:
- signed by you
- witnessed by two independent adults
- dated correctly
There's no waiting period, it's valid immediately after proper signing.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
