Wills for couples may not sound romantic, but they are one of the most practical ways to look after the person you love. Whether you are married, in a civil partnership or living together, a Will lets you decide what happens to your estate and who looks after your children. This guide explains why Wills for couples matter under the law of England and Wales.
Why Wills for couples matter
Many couples believe the law will automatically look after their partner if they die. In England and Wales, that belief often leads to problems.
When someone dies without a valid Will, the intestacy rules decide who inherits. These rules follow a fixed order and take no account of personal wishes. They also ignore how long you have lived together. Married couples can face unexpected outcomes too, depending on the size of the estate and the family.
A Will lets you choose who benefits and who deals with your affairs. GOV.UK explains who inherits if someone dies without a Will.
Married couples and civil partners
If you are married or in a civil partnership and die without a Will, your spouse does not always inherit everything. With no children or other descendants, your spouse takes the whole estate. Where there are children, your spouse receives your personal possessions, the first £322,000 and half of the rest. Your children share the other half.
That can leave a surviving spouse sharing the family home with grown-up children, or with children from an earlier relationship. Also, property you own as joint tenants passes automatically to the survivor, whatever any Will says.
Marriage and civil partnership also affect existing Wills. Getting married or forming a civil partnership cancels any Will you made before, unless you made it in contemplation of marriage to a named person. So if you are planning a wedding, it is worth thinking about your Will at the same time. Our page on marriage, divorce and your Will explains more.
Wills for couples who are unmarried
Many people still believe in “common-law marriage”. However, the law of England and Wales does not recognise it.
If you live with your partner but are not married or in a civil partnership, your partner inherits nothing under the intestacy rules. That stays true however long you have been together, and even if you have children. Instead, the estate usually passes to your children or, if none, to your parents, brothers and sisters or other relatives.
A surviving partner may be able to claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. However, a claim can be slow, stressful and costly, and the outcome is uncertain. A Will is a much clearer way to provide for your partner, and it helps reduce the risk of disputes.
Parents and blended families
Many families include children from earlier relationships, stepchildren or second marriages. Without clear planning, these family structures can lead to confusion and conflict. For example, stepchildren do not inherit under the intestacy rules unless you adopted them.
A clear, careful Will lets you provide for your partner while also protecting your children’s inheritance. Some couples use a Life Interest Trust, so a surviving partner can live in the home for life, with the share then passing to the children. Clear instructions help your family understand your intentions.
Parents can also use their Wills to appoint guardians for children under 18. This gives clear direction if neither parent survives.
Other things couples should think about
Wills for couples work best as part of a wider plan. It is worth checking:
- how you own your home, as joint tenants or tenants in common
- who you have chosen to receive any pension death benefits (your pension provider can tell you)
- whether your Wills work together, especially if you have mirror Wills
- whether you have Lasting Powers of Attorney, as your partner has no automatic right to manage your affairs if you lose capacity
We do not give pension or financial advice. Where you need it, we can refer you to an appropriate professional.
Keep your Will up to date
Life rarely stays the same. Relationships change, children grow up and priorities shift. So read your Will every so often and after any major life event, such as moving in together, marriage, children or separation.
How A.D.E. Wills can help
A.D.E. Wills is a professional Will writing practice working under the law of England and Wales, and Edward Richings is a Full Member of the Society of Will Writers. We help individuals and couples make clear Wills that reflect their circumstances. We are not solicitors or financial advisers, and where specialist advice is needed, we can refer you to an appropriate professional.
We offer Wills for couples at a fixed fee, either in person or online. You can see our prices on the Wills Pricing page. If we wrote your existing Wills, we can also update them for you.
To talk it through, call 01865 507174 or email info@adewills.co.uk. You can also read more about our Will writing service.
