Do I need a will? (decision tree)
How to use this
Answer each question and follow the arrows. Most people reach the same conclusion — a will is the only way to control what happens to your estate, your children and your partner.
Work through the tree
Step 1
Do you have an unmarried partner you would want to inherit from you?
YesYes — you need a will.Unmarried partners inherit nothing under the intestacy rules. Only a will (or joint ownership) can provide for them.
Step 2
Do you have children under 18?
YesYes — you need a will.A will lets you appoint guardians and put their inheritance in trust rather than handing it over at 18.
Step 3
Do you want to choose who inherits — e.g. specific gifts, friends, charity, or a blended family arrangement?
YesYes — you need a will.Intestacy follows a fixed order and ignores your personal wishes. A will gives you control.
Step 4
Are you genuinely content for the intestacy rules to decide everything?
NoYou need a will.If the default rules don't match your wishes, a will is the only way to change the outcome.
YesA will is optional — but still wise.Even then, a will speeds up administration, lets you choose executors, and avoids surprises. Most people in this position still make one.
Possible outcomes at a glance
- You need a will if you have an unmarried partner, children under 18, or any specific wishes about who inherits.
- A will is strongly recommended for almost everyone else, to choose executors and speed up administration.
- Without a will, the intestacy rules decide — and they exclude unmarried partners and unadopted stepchildren entirely.
Sources
- Administration of Estates Act 1925 (intestacy) — legislation.gov.uk
- Children Act 1989 (guardianship) — legislation.gov.uk
- GOV.UK — Make a will
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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