What Is a Will and Why Does Everyone Need One?

Most people know they should have a Will. Most people don't have one. In England and Wales, more than half of adults have not made a Will — and many of those who have made one haven't updated it in years.

The consequences of dying without a valid, up-to-date will can be severe: a partner left with nothing, children's futures uncertain, and an estate tied up in legal process for months or years. Yet writing a Will takes far less time and effort than most people expect.

This guide starts at the beginning — what a Will actually is, what it covers, and why it matters regardless of how much you own or how old you are.

What Is a Will?

A Will — formally a Last Will and Testament — is a legal document that sets out your wishes for what should happen to your estate when you die. Your estate is everything you own: property, savings, investments, personal possessions, and any other assets in your name.

A Will does several things at once:

• Names the people or organisations you want to inherit your estate (beneficiaries)
• Appoints one or more people to carry out your wishes (executors)
• Names a guardian for any children under 18 if both parents have died
• Records any specific gifts — a particular item of jewellery, a sum of money to a friend, a donation to a charity
• Can set up trusts for children, vulnerable beneficiaries, or tax planning purposes
• Can record your wishes for your funeral and burial or cremation

What Happens If You Don't Have a Will?

If you die without a valid Will, you die intestate. Your estate doesn't simply pass to whoever you'd have chosen — it is distributed according to a fixed legal formula called the Rules of Intestacy.

The Rules of Intestacy follow a strict hierarchy of relatives. The results can be deeply at odds with what most people would actually want:

• An unmarried partner — no matter how long the relationship — receives nothing
• Step-children have no automatic entitlement, even if you raised them
• Close friends, carers, and chosen family are completely excluded
• Charities you supported in life receive nothing from your estate
• If you have no qualifying relatives at all, your entire estate passes to the Crown

You can trace exactly what would happen to your estate under the Rules of Intestacy using our interactive decision tree.

Who Needs a Will?

The short answer is: everyone. But there are situations where a Will moves from important to urgent.

You are in a relationship but not married or in a civil partnership

This is the highest-risk situation. Your partner has no automatic inheritance rights whatsoever. Without a Will, they could lose your shared home, be left without financial support, and face months of legal uncertainty at the worst possible time.

You have children

A Will is the only way to name a guardian for your children if both parents die. Without one, a court decides who raises them — and the person appointed may not be who you would have chosen. A Will also lets you control when and how children inherit, rather than handing them a lump sum at 18.

You own property

Property is often the largest asset in an estate. A Will determines what happens to it. Without one, your home may not pass to the person you intend — particularly in blended families or where ownership is shared.

You have been married before, or have children from a previous relationship

Intestacy rules don't reflect complex family structures. A Will is essential to ensure your estate reaches the right people in the right proportions.

You want to leave something to charity

Charitable gifts must be specified in a Will. Intestacy rules make no provision for them.

You have strong views about your funeral or medical care

A will can record your funeral wishes. For decisions about medical treatment or care, a Lasting Power of Attorney is the appropriate document.

What Can — and Can't — a Will Cover?

A Will deals with your probate estate — assets that are in your sole name and don't pass automatically by another mechanism. It's important to understand what falls outside it.

What a Will covers

• Property held in your sole name
• Bank and savings accounts in your sole name
• Investments, shares, and ISAs
• Personal possessions, vehicles, and valuables
• Business interests (subject to any partnership or shareholder agreements)
• Money owed to you

What a Will does not automatically cover

• Jointly owned property held as joint tenants passes automatically to the surviving owner — outside your Will entirely
• Pension death benefits are paid at the discretion of the pension trustees; you should keep your expression of wishes form up to date separately
• Life insurance policies written in trust pass directly to beneficiaries named on the policy, not through your estate
• Assets held in trust are governed by the trust deed, not your Will

Common Myths About Wills

How Is a Will Made?

Writing a Will involves five straightforward steps:

1. Take stock of your estate — list your assets (property, savings, investments, possessions) and think about who you'd like to benefit from each.
2. Choose your beneficiaries — decide who inherits what, in what proportions. Think about what should happen if a beneficiary predeceases you.
3. Appoint your executor — choose someone you trust to carry out your wishes. You can also appoint a professional executor. See our guide on choosing the right executor.
4. Name a guardian — if you have children under 18, name who you'd want to raise them.
5. Sign and witness correctly — sign the Will in the presence of two independent witnesses, who both sign in your presence. Neither witness (nor their spouse) can be a beneficiary.

In Summary

A Will is not a document for the old or the wealthy. It is a straightforward declaration of your wishes — who you trust, who you love, and what you want to leave behind. Without one, those decisions are made for you by a legal formula that was not designed with your family in mind.

The process is simpler than most people expect. The consequences of not having one are not.