Written by: SL · Reviewed by: ClearLegacy editorial team · Last updated: June 2026
Quick answer
You're not legally required to have a Will in England or Wales. But if you die without one, your estate is distributed under the intestacy rules — a fixed legal order that often doesn't match what most people would actually choose for their family.
15 minutes to completeUsually reviewed within 24 hours£69 fixed fee
Reviewed by the ClearLegacy editorial teamWills Act 1837 compliant · Updated 2026-05-09
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, if no parent with parental responsibility survives, the courts decide who looks after your children.
Anyone who owns property. A home in your sole name (or a share held as tenants in common) nearly always needs a grant of probate and, without a Will, intestacy decides who gets it.
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 may decide who looks after your children.
The administration takes longer and costs more.
Inheritance Tax may be higher than it needed to be.
Don't put it off — sort it tonight
15 minutes to complete the questionnaire. Your first draft arrives straight after payment and every Will is checked before it's issued, usually within 24 hours. £69 fixed.
No — there's no law that forces you to make a Will. But if you die without one, the intestacy rules in the Administration of Estates Act 1925 decide who inherits, often in ways that don't match what people would have chosen.
Yes — even married couples benefit from a Will. Under intestacy, if you have children your spouse inherits only your personal belongings, the first £322,000 and half the rest, with the other half going to your children. A Will lets you leave everything to your spouse if you want, which can also reduce Inheritance Tax.
Absolutely. Unmarried and unregistered partners inherit nothing under the intestacy rules in England and Wales — no matter how long you've lived together. A Will is the only way to leave anything to your partner.
A Will is where you appoint guardians for any children under 18. It's also where you can say how their inheritance is held. Without a Will, their share is held for them until 18 and, if no parent with parental responsibility survives, the court decides who looks after them.
Yes. The cost of a Will (from £69) is far less than the legal complications of intestacy. And many decisions a Will makes — guardians, specific gifts, funeral wishes — have nothing to do with estate size.
Yes — under intestacy, if you're unmarried with no children, your parents are next in line. Your partner gets nothing. The only way to prevent this is to make a Will.
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Built around the Wills Act 1837 ·
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E&OE — errors and omissions excepted. This page is general information about the law of England and Wales, drawn from the sources it cites; it is not legal, tax or financial advice and ClearLegacy is not a law firm. Rules, figures and fees change and we re-check them on the review dates recorded in our claims register. Check the primary source, or take advice, before relying on it for your own circumstances.
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