Do I Need a Will? UK Guide for 2026
Do I need a will in the UK?
According to research by Royal London and other industry surveys, roughly 54% of UK adults do not have a will. If you own property, have children, or live with a partner, you almost certainly need one. This guide explains why, what happens if you do not have one, and how to get it done today.
What happens if you die without a will
If you die without a will in England and Wales, the intestacy rules decide who inherits your estate. You get no say. Here is what the law says:
| Your situation | Who inherits under intestacy |
|---|---|
| Married/civil partner, no children | Spouse inherits everything |
| Married/civil partner + children | Spouse gets first £322,000 + personal possessions + half the remainder. Children share the other half equally |
| Unmarried partner (cohabiting) | Nothing. Unmarried partners have no automatic right to inherit regardless of how long you have been together |
| Children under 18 | Inherit their share but a court-appointed trustee manages the funds until they turn 18. Without a will, you cannot name guardians |
| No spouse, no children, no parents | Siblings, then nephews/nieces, then grandparents, then aunts/uncles. If no relatives: the Crown (bona vacantia) |
Key point for unmarried couples: It does not matter if you have lived together for 20 years, have a joint mortgage, or share children. If you are not married or in a civil partnership, the intestacy rules give your partner nothing. A will is the only way to protect an unmarried partner.
You definitely need a will if…
- ✓You own property — a house, flat, or share in a property. Without a will, your property passes under intestacy rules which may not reflect your wishes
- ✓You have children under 18 — a will is the only way to appoint guardians. Without one, a court decides who looks after your children
- ✓You live with an unmarried partner — cohabiting partners have no automatic inheritance rights in England and Wales. Full stop
- ✓You own a business — without a will, your business interests pass under intestacy and may need to be sold to pay for the distribution
- ✓You have specific wishes — gifts to charities, particular items to particular people, or funeral preferences. Intestacy ignores all of this
- ✓You have stepchildren — stepchildren do not inherit under the intestacy rules unless they were legally adopted
- ✓You want to reduce inheritance tax — a will allows you to structure gifts and use reliefs (like the residence nil-rate band) that intestacy cannot
You might not need one yet if…
In a very small number of cases, a will may be less urgent:
- •You are under 18 (you cannot make a valid will unless in active military service)
- •You have no assets at all — no savings, no property, no pension, no possessions of value
- •You have no dependants and you are happy for the intestacy rules to apply (everything going to your parents, or siblings)
Even then, a will costs less than £40 and takes an afternoon to complete. It is cheap insurance against the unexpected.
5 myths that stop people making a will
“I’m too young to need a will”
If you have a mortgage, a child, or a partner, your age is irrelevant. Accidents and illness do not check your birth certificate. People in their 20s and 30s with dependants need a will just as much as anyone else.
“Everything goes to my spouse anyway”
Not if you have children. Under the intestacy rules, your spouse gets the first £322,000 and personal possessions, then only half the remainder. The other half goes to your children. If your estate includes a family home worth more than £322,000, your spouse could be forced to sell it.
“It’s too expensive”
A DIY will kit costs £39.99. That is less than a family takeaway. Compare that to the cost of dying intestate: probate delays, family disputes, and potential litigation costing £10,000 to £100,000+.
“I can do it later”
You can. But later has a habit of never arriving. One in four deaths in the UK are unexpected. Making a will takes an afternoon and protects your family from that point forward. There is no reason to wait.
“It’s too complicated”
For most people, it is not. A straightforward will names your executors, your beneficiaries, and any guardians for your children. Our will kit includes plain-English guidance notes that walk you through every clause. You do not need a law degree.
How to write a will in 2026: your three options
Option 1: Solicitor (£300 to £600+)
Best for complex estates: business assets, overseas property, blended families, trusts, or IHT planning. You get personalised legal advice and professional indemnity insurance. Book an appointment with a local firm or use the Law Society's Find a Solicitor tool.
Option 2: Online will service (£90 to £200)
A guided questionnaire generates a will document. Works for simple estates. More expensive than a template kit, but less than a solicitor. No personalised legal advice.
Option 3: DIY will kit (£39.99 from WillSafe UK)
A professionally drafted template with detailed guidance notes. Download instantly, fill in your details, print, sign in front of two witnesses. Identical legal validity to a solicitor-drafted will. Best for straightforward estates where you know who you want to inherit.
What makes a will legally valid in England & Wales
Under the Wills Act 1837 (section 9), a will is valid if it meets four requirements:
- ✓In writing — handwritten or typed, on paper. Video or audio wills are not valid
- ✓Signed by the testator — you must sign (or make your mark) at the end of the document
- ✓Signed in the presence of two witnesses — both witnesses must be present at the same time and must see you sign
- ✓Witnesses must also sign — each witness signs the will in your presence. Witnesses (and their spouses/civil partners) must not be beneficiaries
You must be 18 or over and have testamentary capacity— you understand what a will is, what you own, who might expect to inherit, and you are not being unduly influenced. That is it. There is no requirement to use a solicitor, and there is no requirement to register a will.
Frequently asked questions
Do I legally need a will in the UK?+
No, there is no legal requirement to make a will in England and Wales. However, dying without one (intestate) means the intestacy rules decide who inherits your estate — which may not match your wishes. Unmarried partners receive nothing under the intestacy rules regardless of how long you have lived together.
What happens to my children if I die without a will?+
If both parents die without naming guardians in a will, the court appoints a guardian for children under 18. This process takes time, causes stress for the family, and the court may choose someone you would not have chosen. A will lets you name the people you trust most as guardians.
Does my spouse automatically inherit everything if I have no will?+
Not necessarily. Under the intestacy rules for England and Wales (updated 2023), if you have children, your spouse receives the first £322,000 of the estate plus all personal possessions, then half of the remainder. The other half goes directly to your children. If your estate is worth less than £322,000 your spouse does inherit everything.
Can I write my own will without a solicitor?+
Yes. Will-writing is not a reserved legal activity under the Legal Services Act 2007. A will you draft yourself is just as legally valid as one drafted by a solicitor, provided it meets the requirements of the Wills Act 1837: it must be in writing, signed by you in the presence of two independent witnesses, who also sign. A quality DIY will kit gives you a professionally drafted template with guidance notes.
How much does it cost to make a will in the UK?+
A DIY will kit from WillSafe UK costs £39.99 for a single will or £59.99 for mirror wills. Online will-writing services typically charge £90 to £200. A high-street solicitor usually charges £200 to £500 for a straightforward single will, or £300 to £750 for mirror wills.
At what age should I make a will?+
You can make a will from age 18 (or younger if you are in active military service). In practice, you should make a will as soon as you have anything worth leaving — a property, savings, a car — or anyone who depends on you, such as children or a partner. Most estate planners say the right time is now.
Stop putting it off. Write your will today.
It takes an afternoon and costs less than a family takeaway. Our will kits are drafted in accordance with the Wills Act 1837, include step-by-step guidance notes, and come with a 30-day money-back guarantee.
Self-help information only. WillSafe UK is a trading name of WSC Group. We are not solicitors and we do not provide legal advice. This guide is for general informational purposes only and covers the law in England & Wales. Will-writing is not a reserved legal activity under the Legal Services Act 2007. For complex estates, blended families, business assets or foreign property, please speak to a qualified solicitor. See our full disclaimer.