Do both spouses need a will?
Yes — each spouse needs their own will; a will can only be made by one person. Couples typically make mirror wills — two near-identical wills leaving everything to each other, then to the children. Without wills, the intestacy rules decide who inherits, and they don't automatically leave everything to a surviving spouse once children are involved.
Detailed explanation
Marriage doesn't remove the need for wills — it changes what intestacy would otherwise do.
- Each partner makes their own will; couples usually mirror them.
- Under intestacy, a spouse takes a statutory legacy plus a share — not necessarily everything — where there are children.
- Wills let you appoint guardians, choose executors and provide for stepchildren.
A married couple assume everything would pass to the survivor automatically. In fact, without wills and with children, intestacy gives the spouse a statutory legacy plus part of the rest, and the children the remainder — not the simple outcome they expected. Mirror wills fix this.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- GOV.UK — Making a will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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