Do married couples need a will?

Many people assume that if they pass away without a Will, everything will automatically go to their spouse or partner. Unfortunately, that's not always the case.

In England and Wales, if you die without a valid Will, your estate is distributed according to the rules of intestacy. These are strict legal rules that determine who inherits your assets, regardless of what your personal wishes may have been.

For families with significant assets, relying on the intestacy rules can lead to outcomes that come as an unwelcome surprise.

Will my spouse inherit everything?

If you are married and have children, the answer may be no.

Under the current intestacy rules in England and Wales, where an estate is worth more than £322,000, the distribution works as follows:

• Your surviving spouse or civil partner receives all of your personal possessions.

• They also inherit the first £322,000 of your estate.

• Any amount above this threshold is then divided:

  • 50% to your surviving spouse or civil partner, and

  • 50% shared equally between your children. 

This means that part of your estate could pass directly to your children on the first death, rather than everything passing to your surviving spouse as many couples expect.

What about the family home?

The position can become even more complicated when it comes to property ownership.

If you own your home as joint tenants

Many married couples own their property as joint tenants. In this case, when one owner dies, their share automatically passes to the surviving owner through the right of survivorship. The property does not usually form part of the estate for intestacy purposes.

If you own your home as tenants in common

If the property is owned as tenants in common, each person owns a separate share. On death, the deceased's share forms part of their estate and is distributed under the intestacy rules if there is no Will.

This could result in children inheriting a share of the property immediately, potentially creating unexpected complications for the surviving spouse and the wider family.

Why is having a will so important?

A professionally drafted Will gives you control over what happens to your estate and provides clarity for those you leave behind. It allows you to:

• Decide exactly who should inherit your assets.

• Ensure your spouse or partner is provided for in the way you intend.

• Control when and how children or grandchildren receive their inheritance.

• Appoint trusted executors to administer your estate.

• Create opportunities for more effective estate administration and inheritance tax planning.

  
  

Peace of mind for you and your family

Putting a Will in place is one of the simplest and most effective steps you can take to protect your loved ones. It helps ensure that your wishes are carried out, reduces uncertainty at an already difficult time, and can help avoid unintended financial consequences for your family.

A Will should also be reviewed regularly, particularly following major life events such as marriage, the birth of children or grandchildren, divorce, or significant changes to your financial circumstances.

If you're unsure whether your current arrangements are still appropriate, or if you've never made a Will, now could be a good time to review your plans.

At Culver, we help clients build financial plans that protect not only their wealth, but also the people they care about most. If you'd like to discuss your estate planning needs or understand how a Will fits into your wider financial plan, please get in touch with our team.

Frequently asked questions

Do married couples automatically inherit everything from each other?

Not necessarily. If you die without a valid Will and your estate exceeds the intestacy threshold, your spouse may not inherit the entire estate. Depending on your circumstances, some of your assets could pass directly to your children.

What are the intestacy rules?

The intestacy rules are the legal framework that determines how your estate is distributed if you die without a valid Will. They apply regardless of your personal wishes and may not reflect how you would have wanted your assets to be shared.

What is the difference between joint tenants and tenants in common?

If you own your property as joint tenants, your share automatically passes to the surviving owner on your death. If you own as tenants in common, your share forms part of your estate and can be distributed according to your Will—or under the intestacy rules if you don't have one.

When should I review my Will?

It's sensible to review your Will every few years, or whenever there is a major change in your life. Events such as marriage, divorce, the birth of children or grandchildren, buying property, or changes in your financial situation can all affect whether your Will still reflects your wishes.