Do I Need a Will? UK Guide for 2026
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 14-day money-back guarantee.
Self-help information only. WillSafe UK is a trading name of WSC Group Ltd. 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.