Wills, Trusts & Estates · Wills
Part of our wider Wills, Trusts & Estates services
Do You Need a Will?
The short answer is: almost certainly yes. A will is not just for the elderly or the wealthy — it is for anyone who has assets, a partner, children, or specific wishes about what happens to their estate.
Without a will, the intestacy rules decide who inherits — and the outcome is often not what you would have chosen. Unmarried partners receive nothing. Stepchildren are excluded. Your estate is divided by a statutory formula, not your wishes.
No obligation — talk through your options first. Costs explained clearly.
Who needs a will?
A will is important for almost everyone — but it is absolutely essential for certain groups. If any of the following applies to you, you should make a will as soon as possible.
Unmarried couples
This is the most important group. Unmarried partners have no automatic right to inherit under the intestacy rules — regardless of how long you have lived together. Without a will, your partner could receive nothing. A will is essential.
Property owners
If you own property — whether solely or jointly — a will ensures it passes as you intend. The way you hold property (joint tenants vs tenants in common) affects what happens on death, and a will is an essential part of the picture.
Parents of minor children
Your will is the only legal mechanism for appointing a guardian for your children if you die while they are under 18. Without a will, the courts decide who cares for them. A will is essential for any parent.
Business owners
If you own a business or shares in a company, your will needs to deal with those interests. Without careful planning, your business may be disrupted or your shares may pass to the wrong people.
Blended families
If you have children from a previous relationship, the intestacy rules may not protect them. A will ensures your children from all relationships are provided for — and that your current partner is also protected.
Anyone with assets above the IHT threshold
If your estate may be subject to inheritance tax, a well-structured will — combined with trusts and lifetime planning — can significantly reduce the tax payable. Without a will, you lose the opportunity to plan.
Anyone with specific wishes
If you want to leave specific items to particular people, make a gift to charity, or exclude someone from your estate, you need a will. The intestacy rules do not allow for any of this.
Anyone with assets abroad
If you own property or assets in another country, you may need a will in that jurisdiction as well as in England and Wales. We can advise on cross-border estate planning.
What happens if you die without a will?
If you die without a valid will, you are said to have died intestate. The intestacy rules under the Administration of Estates Act 1925 determine who inherits your estate. The rules are rigid and do not take account of your individual circumstances or wishes.
Intestacy rules — who inherits?
Married/civil partner, no children
Spouse or civil partner inherits everything.
Married/civil partner, with children
Spouse inherits personal possessions + first £322,000 + half the remainder. Children share the other half.
Unmarried partner (any length of relationship)
Partner inherits nothing. Estate passes to relatives.
Single, no children
Estate passes to parents, then siblings, then more distant relatives.
Single, with children
Children inherit equally. If a child has died, their children (your grandchildren) inherit their share.
No surviving relatives
Estate passes to the Crown (bona vacantia).
Unmarried partners: the most common and most costly mistake
There is no such thing as a "common-law spouse" in English law. An unmarried partner — regardless of how long you have lived together — has no automatic right to inherit under the intestacy rules. Without a will, your partner could receive nothing from your estate. This is the single most common reason people come to us after a bereavement, and it is entirely avoidable with a will.
When should you make a will?
The best time to make a will is before you need one. The most common triggers are:
Buying a property
Particularly important if you are buying with a partner you are not married to.
Getting married or entering a civil partnership
Marriage revokes any previous will. You should make a new will as soon as possible after getting married.
Having children
Essential for appointing guardians and ensuring your children are provided for.
Separating or divorcing
Divorce removes your ex-spouse as a beneficiary and executor. You should make a new will after separation.
Receiving a significant inheritance or gift
A change in your assets may affect your inheritance tax position and the provisions of your will.
Approaching retirement
A good time to review your overall estate plan, including your will, trusts, and lasting powers of attorney.
Frequently asked questions
Do I need a will if I am married?
Yes. While a married spouse does have some rights under the intestacy rules, they do not automatically inherit everything — particularly if you have children. If you have children from a previous relationship, the intestacy rules may not protect them. And if you want to leave specific gifts, reduce inheritance tax, or appoint guardians for children, you need a will.
Do I need a will if I have no assets?
Even if you have few assets now, your circumstances may change. A will also allows you to appoint guardians for minor children, record your funeral wishes, and make specific gifts. It is worth making a will even if your estate is modest — and updating it as your circumstances change.
Do I need a will if I am young?
Yes. Mental incapacity and death can occur at any age through accident or illness. If you are young and unmarried with a partner, they will receive nothing under the intestacy rules. If you have children, you need to appoint a guardian. A will is not just for the elderly.
What happens if I die without a will?
You are said to have died intestate. The intestacy rules under the Administration of Estates Act 1925 determine who inherits your estate. Unmarried partners receive nothing. Stepchildren are excluded. Your estate is divided by a statutory formula — which may not reflect your wishes at all. Your family may also face additional costs and delays in administering your estate.
Does marriage revoke my existing will?
Yes. Marriage automatically revokes a previous will in England and Wales, unless the will was made in contemplation of that specific marriage. If you marry without making a new will, you die intestate — and the intestacy rules, not your wishes, determine who inherits. You should make a new will as soon as possible after getting married.
Does divorce revoke my will?
Divorce does not revoke your will, but it does remove your ex-spouse as a beneficiary and executor — as if they had died on the date of the divorce. This means gifts to your ex-spouse will fail, and if they were your sole executor, your estate may be administered by someone you did not intend. You should make a new will after separation or divorce.
How much does a will cost?
The cost of a will depends on its complexity. A straightforward single will is typically less expensive than a mirror will or a will with testamentary trusts. At PDA Law, we confirm costs in writing before any work begins. Contact us for a no-obligation quote.
Can I make a will myself?
You are not legally required to use a solicitor to make a will in England and Wales. However, DIY wills and online will-writing services frequently contain errors that only become apparent after death — when it is too late to correct them. A will drafted by a qualified solicitor is less likely to be challenged, misinterpreted, or fail to achieve your intentions.
Related Wills & Estates Services
Wills
Solicitor-drafted wills — single, mirror, and wills with trusts.
What Happens If You Die Without a Will
The intestacy rules explained — who inherits and what it means for your family.
Wills Guide Checklist
Everything you need to prepare before making a will.
Related: Probate
Probate Solicitors
Grant of probate, estate administration and executor support.
Applying for Probate
How to apply for a grant of probate — step by step.
Full Estate Administration
We manage the entire process from asset valuation to final distribution.
Executor Advice
Practical guidance for executors — duties, liability and family disputes.
Do I Need Probate?
When probate is required and when it is not.
Probate Fees
Transparent pricing for probate and estate administration.
Related: Lasting Power of Attorney
Lasting Power of Attorney
Appoint someone you trust to manage your affairs if you lose capacity.
Types of LPA
Property & Financial Affairs vs Health & Welfare — which do you need?
Making an LPA
Step-by-step guide to making a lasting power of attorney.
LPA Costs
Solicitor fees, OPG registration fees and what affects the total cost.
Registering an LPA
How to register an LPA with the Office of the Public Guardian.
Court of Protection
If a loved one has lost capacity without an LPA, a Court of Protection order may be needed.
Ready to make your will?
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