We just bought a house — do we need a will?
Yes. Buying a home is one of the clearest moments to make a will. Your property is likely your biggest asset, and how you own it decides what happens to your share. Without a will, the intestacy rules decide who inherits — and an unmarried partner can be left with nothing. A will lets you choose, and protect whoever you live with.
What this means for you
The risk
Most couples don't realise that how you own the property changes everything. As joint tenants, your share passes automatically to the co-owner. As tenants in common, your share passes under your will — or, if you have no will, under the intestacy rules.
What happens without a will
- The intestacy rules decide who inherits your share — not you.
- An unmarried partner inherits nothing automatically, however long you've been together or however much you both paid.
- Your family could be left sharing ownership of a home with people you never intended.
What happens with a will
- You decide who inherits your share of the home.
- You can protect a partner's right to stay in the property.
- You appoint executors to handle it smoothly, sparing your family stress and delay.
How ClearLegacy helps
ClearLegacy guides you through a valid England & Wales will online — it prompts you on exactly these property decisions (ownership type, who inherits your share, protecting a partner) so nothing is missed. It's quick, affordable, and clear about when a more complex estate needs a solicitor.
Jo and Sam buy a flat together, unmarried, as joint tenants. Sam dies without a will. Because they're joint tenants, the flat passes to Jo automatically — but Sam's savings pass under intestacy to his parents, not Jo. Had they been tenants in common with no will, Jo could have lost the flat too. A will would have made their wishes certain.
Frequently asked questions
Do we need a will after buying a house?
Yes. Your home is likely your biggest asset, and without a will the intestacy rules decide who inherits your share — potentially leaving an unmarried partner with nothing. A will lets you choose.
Does my partner automatically inherit our house?
Only if you own it as joint tenants, where your share passes to the co-owner automatically. As tenants in common, your share passes under your will — or under intestacy if you have none. Unmarried partners have no automatic right.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Review and confirmYou review and confirm your answers before anything is finalised.
- 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
Protect your family — start your will today.
ClearLegacy guides you through a valid England & Wales will online, clearly and affordably.
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