8 Jul 2026
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Making a Will is something many couples intend to do but often put off. Whether life gets busy, it feels too early, or you assume your spouse will automatically inherit everything, it's easy to see why writing a Will slips down the priority list.
However, if one of you dies without a valid Will, the law decides who inherits your estate and the outcome may not reflect your wishes.
In this article, we'll explain what happens if you and your spouse don't have Wills, the risks of relying on the intestacy rules, and why putting a Will in place is one of the most important steps you can take to protect your family.
If you die without a valid Will in England and Wales, you are said to have died intestate. This means your estate is distributed according to the rules of intestacy, rather than your personal wishes.
These rules set out a strict order of entitlement. They make provision for spouses and civil partners, but they do not take account of your individual family circumstances, relationships or preferences.
Not necessarily. Many married couples assume that everything will automatically pass to their spouse, but this isn't always the case.
If you die leaving:
While this may be appropriate for some families, it may not reflect how you intended your assets to be distributed.
The intestacy rules are designed as a legal safety net; they are not a substitute for a carefully prepared Will.
Without a Will, you cannot decide:
This can create unnecessary uncertainty for those left behind and may lead to delays or disputes during the administration of your estate.
Having children is one of the most important reasons to make a Will.
Although your children may inherit under the intestacy rules, a Will allows you to make additional arrangements, including:
If you have children under the age of 18, your Will allows you to appoint guardians to care for them if there is no surviving parent with parental responsibility.
Without a clear appointment, the decision may ultimately need to be resolved by the court if there is uncertainty or disagreement.
A Will can include trusts or other provisions to manage a child's inheritance until they reach the age you consider appropriate, subject to the relevant legal and tax rules.
Modern families are often more complex than the intestacy rules anticipate.
If you have:
a standard intestacy distribution may not produce the outcome you expect.
For example, stepchildren who have not been legally adopted do not automatically inherit under the intestacy rules, regardless of how close your relationship may have been.
A professionally drafted Will allows you to ensure everyone you wish to benefit is included.
Many couples assume their family home will automatically pass to the surviving spouse.
Whether this happens depends on several factors, including:
If your property is owned as joint tenants, it will usually pass automatically to the surviving owner through the right of survivorship.
However, if it is owned as tenants in common, your share forms part of your estate and is distributed according to your Will, or, if there is no valid Will dealing with it, under the intestacy rules.
Understanding how your property is owned is an important part of effective estate planning.
Pensions and death-in-service benefits are often dealt with separately from a Will, so it is important to keep any nomination or expression of wish forms up to date.
From 6th April 2027, most unused pension funds and pension death benefits are expected to fall within the scope of inheritance tax, so pension planning should be reviewed alongside your Will and wider estate planning.
A Will may not directly control how discretionary pension death benefits are paid, but clear and up-to-date nominations can help trustees or scheme administrators understand your wishes.
Many people think a Will is simply about passing on money and property.
In reality, it also enables you to:
For many families, having a valid Will provides reassurance that their affairs are organised and that loved ones will have clear guidance during an already difficult time.
Making a Will is not a one-off task.
You should consider reviewing it regularly and whenever there is a significant change in your circumstances, including if you:
Regular reviews help ensure your Will continues to reflect your wishes and remains effective as your personal and financial circumstances change.
No one likes to think about what might happen after they're gone, but making a Will is one of the simplest and most effective ways to protect your family.
At Hegarty, our experienced Private Client team helps individuals, couples and families create Wills that provide clarity and peace of mind.
We'll take the time to understand your circumstances, explain your options in plain English and prepare a Will that reflects your wishes while helping to protect the people who matter most.
We can also advise on related issues such as property ownership, guardianship, trusts, inheritance tax planning and the effect of marriage, divorce or changes in family circumstances on your Will.
If you and your spouse haven't yet made Wills, now is the ideal time to start the conversation, and we're here to guide you through the process.
Whatever legal support you need, our experienced and highly skilled solicitors and legal advisors are here to help. With expertise across a wide range of legal areas, we provide clear, practical advice tailored to you. What sets us apart is our commitment to understanding your needs and delivering the best possible outcome with a personal touch.
