The short answer in plain English
Nobody in England or Wales is forced by law to make a Will. But the moment you die without one, the intestacy rules in the Administration of Estates Act 1925 take over and decide who inherits — in a fixed order that ignores your relationships and your wishes.
If you have a partner you're not married to, children, a property, or anyone you'd specifically want to provide for (or specifically not), a Will is the only way to make sure that happens.
Who needs a Will most
- Anyone with a partner they're not married to. Unmarried partners inherit nothing under intestacy — even after decades together.
- Anyone with children under 18. A Will is where you name guardians. Without one, the courts decide who looks after your children.
- Anyone who owns property. Property worth over a few thousand pounds nearly always triggers probate, and intestacy decides who gets it.
- Blended families. Step-children inherit nothing under intestacy unless you've legally adopted them.
- Anyone who wants to leave a specific gift. Charity, friend, particular item — without a Will, it doesn't happen.
The risks of not having one
- Your unmarried partner may end up with nothing.
- Step-children are excluded entirely.
- Your estate could pass to relatives you barely know.
- The courts decide who looks after your children.
- The administration takes longer and costs more.
- Inheritance Tax may be higher than it needed to be.
When this matters
You have children
Your Will is where you name guardians. Without one, the family court decides who looks after them.
You own a home
Property nearly always triggers probate. Without a Will, intestacy chooses who inherits the home.
You're unmarried
Unmarried partners inherit nothing under intestacy. A Will is the only way to provide for them.
You're in a blended family
Step-children are excluded by intestacy. A Will lets you include them and split the estate as you choose.
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