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
Find out exactly what your Will needs.
Take the free 3-minute ClearLegacy Estate Risk Assessment.
Check my estate risk