Do I Need a Will If I'm Married? (England & Wales Guide)

Many married people assume their spouse will automatically inherit everything when they die. The truth is more complicated — and for some families, the consequences of getting it wrong are serious.

Here's what you actually need to know.

This guide covers wills in England and Wales. Scottish law differs in some key areas.

The Short Answer

While many people assume their husband or wife will inherit everything, this is only guaranteed if you have a valid will saying so. For the legal requirements for making a will, see GOV.UK. Without one, the law decides — and it may not reflect your wishes. For more detail, see our guide on what happens if you die without a will.

What Happens If You Die Without a Will in England & Wales?

If you die without a valid will, your estate is distributed according to the rules of intestacy — see what happens if you die without a will on GOV.UK. These are fixed legal rules that take no account of your personal wishes, relationships, or circumstances.

Here's how it plays out depending on your situation:

Married with no children

Good news — where there is a surviving spouse and no children, the spouse is entitled to the entire residuary estate. In this specific scenario, not having a will may not cause immediate problems.

Married with children

This is where things get complicated. Instead of the spouse automatically inheriting everything, they receive a statutory legacy — currently the first £322,000 of your estate, together with all personal chattels. If the estate exceeds this figure, the remainder is split equally between the spouse and any children.

So if your estate is worth £500,000, your spouse gets £322,000 plus half the remaining £178,000. Your children share the other half — which may not be what either of you intended.

What about the family home?

How your property is owned makes a big difference. If you own your home as joint tenants, your share usually passes automatically to your spouse when you die. If you own your home as tenants in common, your share does not pass automatically and must be dealt with through your will or intestacy rules.

5 Reasons Married People Still Need a Will

1. To protect stepchildren — Stepchildren are excluded under intestacy rules unless they were legally adopted. If you want a stepchild to inherit anything, you must say so in a will.
2. To choose your executor — Without a will, the court appoints an administrator to handle your estate. With a will, you choose someone you trust.
3. To name guardians for your children — If you have children under 18, a will is the only way to formally nominate who should care for them if both parents die.
4. To avoid family disputes — Clear instructions in a will reduce uncertainty, manage expectations, and help prevent disputes. Without one, grieving families often face delays, stress, and conflict at the worst possible time.
5. To plan for Inheritance Tax — A will lets you structure your estate to make use of allowances and exemptions. Without one, that opportunity is lost.

One Critical Thing: Marriage Revokes Your Existing Will

The Law Commission has been progressing proposals aimed at reforming the rule that marriage revokes a will — but for now, the rule stands in England and Wales. If you made a will before getting married and haven't updated it since, that will is no longer valid. You need a new one.

What About Separated Couples?

People who were married or in a civil partnership with the person when they died can inherit under the rules of intestacy — including if they were separated but still married. If you're separated but not yet divorced, your estranged spouse could inherit a significant portion of your estate. A will is essential in this situation.

Intestacy Rules at a Glance

Common Myths, Debunked

"We own everything jointly, so a will isn't necessary." Joint tenancy does mean assets pass automatically — but not all assets are jointly owned. Savings in a sole name, pensions, and personal possessions are all governed by intestacy rules without a will.

"We've lived together for years, so we're basically married." It is a common misconception that cohabitants have some legal entitlement to an estate. Currently, there is no provision under the rules unless couples are married or in a civil partnership. This applies only to married couples — not those who live together.

"We agreed between us — that's enough." Verbal agreements carry no legal weight. Only a properly signed and witnessed will is binding.

So, Do You Need a Will If You're Married?

Yes — in almost every case. Even if intestacy rules would broadly work in your favour right now, they can't account for your specific wishes, protect stepchildren, name guardians, or plan for tax. And if your circumstances change — as they almost always do — you need a will that reflects your current reality.

The good news: making a will doesn't have to be complicated or expensive. For most married couples in England and Wales, an online will takes less than an hour and costs a fraction of solicitor fees. Find out how much does a will cost.

Create your will today and ensure your spouse is protected.

Learn more about mirror wills for couples and whether they are right for you.

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Protect your spouse — use our online will writing service UK to create your will today. Married couples can make a will online — London and all of England & Wales covered.

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Married couples can make a will online — London and all of England and Wales. Wills & Power guides you through every step.