For many, the subject of making a will is filed away under ‘something to do later’. It is often associated with old age or significant wealth, perceived as a complex and slightly morbid task to be postponed indefinitely. This is one of the most common and potentially damaging misconceptions in personal legal planning.
A Last Will and Testament is not merely a document for the end of life; it is a vital tool for managing your affairs in the present. It provides certainty, security, and peace of mind. It is the only way to legally guarantee that your final wishes regarding your property, finances, and even the care of your children are respected. As we always advise, it’s best to get your affairs in order early. Our team of specialist solicitors can provide expert guidance on all aspects of making a will.
Failing to make a will, or failing to update one after a major life change, means relinquishing control. Instead of your wishes, a rigid set of legal rules known as the Rules of Intestacy will dictate how your assets are distributed. This can lead to unintended, and often devastating, consequences for the people you care about most. This guide will explore the key life events that should act as triggers for making or reviewing a will, demonstrating why the right time to act is often much sooner than you think.
The Critical Life Events That Demand a Will
The question is not “at what age should I make a will?”, but rather “at what stage of life?”. Certain milestones bring new responsibilities and assets, making a will an essential part of responsible life planning.
1. Buying a Property
Purchasing a home is often the single largest financial commitment a person will make. How you own that property has profound implications if you die without a will.
- Joint Tenants: If you own a property as ‘joint tenants’, the property automatically passes to the surviving owner(s) upon your death, regardless of what a will might say. This is known as the ‘right of survivorship’.
- Tenants in Common: If you own as ‘tenants in common’, each owner holds a distinct, separate share of the property. Without a will, your share does not automatically pass to the co-owner. Instead, it falls into your estate and will be distributed according to the Rules of Intestacy. This could mean your partner, with whom you bought the home, suddenly finds that your share of the property is owned by your distant relatives, creating a catastrophic situation. A will is the only way to ensure your share goes to the person you intend.
2. Getting Married or Entering a Civil Partnership
This is a non-negotiable trigger for making a will. Under the law in England and Wales, the act of marriage or entering a civil partnership automatically revokes any will you have made previously.
Your old will is rendered completely invalid. If you do not create a new will after your marriage, you will be treated as having died intestate. While your new spouse would inherit a significant portion of your estate under the intestacy rules, it may not be the entirety of it, especially if you have children. Understanding how marriage affects your will is crucial, and making a new one is the only way to ensure your assets are distributed precisely as you and your new partner wish.
3. Having Children
The arrival of a child shifts the focus of a will from being just about assets to being fundamentally about care and protection. A will is the only legal document in which you can appoint a guardian for your children.
A guardian is the person (or people) you choose to be legally responsible for your children’s upbringing if you were to die before they reach the age of 18. Without a formally appointed guardian in a will, this deeply personal decision could be left to the courts to decide. This can be a lengthy, stressful, and uncertain process for the entire family at an already traumatic time. Furthermore, a will allows you to place their inheritance into a trust, managed by people you appoint (your ‘trustees’).
4. Cohabitation: The “Common-Law Spouse” Myth
One of the most dangerous legal myths is that of the “common-law spouse.” As our article on the myth of common law marriage explains, this concept has no legal standing. No matter how long you have lived with a partner, if you are not married or in a civil partnership, you have no automatic right to inherit. To safeguard your future, it is wise to consider formal legal protections such as cohabitation agreements.
If you die without a will, your entire estate could pass to your children, parents, or siblings, with your surviving partner receiving nothing. This can leave them facing financial hardship and potentially losing their home. A professionally drafted will is the only way to provide for a cohabiting partner.
5. Divorce or Dissolution of a Civil Partnership
Unlike marriage, divorce does not revoke a will entirely. Instead, the law treats your former spouse as if they had died on the date the decree absolute was issued. This means they cannot act as an executor or benefit from the will.
While this may seem sufficient, it can create unintended consequences. It is always advisable to make a new will when navigating a divorce and relationship breakdown to ensure your will accurately reflects your new circumstances.
6. Starting a Business or Acquiring Significant Assets
If you are a business owner, a will is a critical part of your succession plan. It can specify what should happen to your shares or interest in the business. Without this clarity, your death could trigger a crisis, which is why you need a will if you’re running a family business.
Similarly, receiving a large inheritance or accumulating substantial investments are important moments to consider how you wish those assets to be protected. This often involves specialist inheritance tax planning to ensure your estate is as tax-efficient as possible.
The Stark Reality: What Happens Without a Will?
Dying intestate means your estate is distributed according to a rigid legal formula. This flowchart does not consider your relationships or promises you may have made. It simply follows a bloodline hierarchy. You can learn more about what would happen if you die without a will in our dedicated guide, and our solicitors can help with the formal process of probate & estate administration.
- If you are married with children: Your spouse receives the first £322,000 of the estate and half of the remainder. The other half is held for your children.
- If you are married with no children: Your spouse inherits the entire estate.
- If you are unmarried with children: Your children inherit the entire estate in equal shares. Your partner receives nothing.
- If you are unmarried with no children: Your estate passes to, in order of priority: your parents, your siblings, your half-siblings, your grandparents, and then your aunts and uncles.
These rigid rules rarely align with the wishes of a modern family.
Conclusion: An Act of Responsibility and Care
Making a will is not about contemplating death. It is a proactive and powerful act of responsibility and care for the people you leave behind. It is the most effective way to ensure that your assets, no matter how large or small, are passed on according to your wishes, not a generic legal formula. It provides clarity, prevents disputes, and protects your loved ones from uncertainty and stress during their most difficult moments.
The question is not if you need a will, but when. If any of the life events discussed in this guide resonate with your own circumstances, the time to act is now. Consulting a solicitor to draft a professional will is a straightforward and affordable process that provides invaluable peace of mind for the future.