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.
- Structured reviewYour answers are checked automatically for completeness and consistency before your will is produced.
- 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
Frequently asked questions
Do both spouses need a will?
Yes. A will can only be made by one person, so each spouse needs their own — usually as mirror wills. Without wills, the intestacy rules apply and may not leave everything to the surviving spouse where there are children.
What are mirror wills?
Mirror wills are two near-identical wills made by a couple, each leaving their estate to the other and then to the same beneficiaries, such as their children. They are commonly offered together at a discount.
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