Do I Really Need a Will If I’m Married?

One of the most common questions we are asked is “surely everything goes to my spouse anyway?”

In some cases, this may be true, but not always and often not in the way people expect.

Relying on the intestacy rules can create unintended consequences, delays, and tax complications.

What happens if a married person dies without a Will?

If you die without a valid Will in England and Wales, your estate is distributed under the rules of intestacy. The outcome depends on whether you have children.

If you are married with no children, your spouse will inherit your entire estate. However, issues can arise if:

• You have assets held as tenants in common
• You own business interests
• You wish to leave gifts to others
• You want to include trusts for tax planning

If you are married with children:

People are often surprised here as your spouse does not automatically inherit everything.

Your spouse receives:

• Your personal possessions
• The first £322,000 of your estate
• Half of the remaining estate

Your children inherit the other half of anything above £322,000.

For many families, particularly those who own property, this can cause an unintended split of assets. It may also:

• Force the sale of the property
• Result in young children inheriting outright at age 18
• Trigger inheritance tax inefficiencies

Often, this is not what couples intend.

Why a Will still matters, even if you are married?

A properly drafted Will allows you to:

• Ensure your spouse is fully protected

You can choose to leave everything to your spouse outright or draft a Will to include trusts that protect assets in the event of remarriage or for inheritance tax and care fees planning.

• Appoint Guardians for minor children

If you have children under 18, your will allows you to appoint guardians.

• Control when children inherit

Under intestacy, children inherit at 18. Many parents prefer 21,25, or later, with trustees managing funds in the meantime.

• Protect against future risks

Second marriages, blended families, business ownership, and property held as tenants in common all require careful drafting to avoid disputes.

Blended families are a particular risk area. If you have children from a previous relationship, the intestacy rules do not allow for flexibility. Everything may pass to your spouse initially, who can then leave their estate however they choose. So, if your intention is to protect children from a previous relationship while still providing for your spouse, this requires a carefully structed Will, often with Trust involvement.

Do You Really Need a Will if You’re Married?

Yes. Even where the intestacy rules broadly align with your wishes, they:

• Remove flexibility
• Prevent tax planning
• Create potential administrative complications
• Provide no control over guardianship.

A Will is not just about who inherits; it is about control, protection, and certainty.

If you would like to discuss putting a Will in place, or review your existing Will, here at Wilson Browne Solicitors, we would be happy to advise you. For further information, you can contact us to arrange a consultation with one of our estate planning specialists.

Contact us today, or call 0800 088 6004.