What is a Will and why might I need one?

A Will is a written document that sets out what you want to happen to your estate after you die. Your estate is everything you own, such as money, property, investments and personal belongings, minus any debts.

Making a Will is one of the simplest ways to protect the people you care about. It gives them clear instructions at a difficult time.

What a Will can do

A Will lets you make decisions that the law would otherwise make for you. In a Will you can usually:

• say who should inherit your money, property and possessions
• leave specific gifts, such as jewellery, a sum of money or a gift to charity
• choose one or more executors to deal with your estate
• name guardians to look after any children under 18
• set out funeral wishes (although these are not legally binding)
• set up a trust, for example to look after money for young children

You can read more about the people who carry out your wishes in our guide on what an executor does.

Why might I need a Will?

Many people think a Will only matters if they are wealthy. In practice, a Will can matter just as much for ordinary families. Here are some common reasons people make one.

You live with a partner but are not married

Unmarried partners do not automatically inherit from each other under the law in England and Wales. Without a Will, a partner of many years could receive nothing from the estate. They may then have to make a claim through the courts.

You have children

A Will lets you name guardians for children under 18. It can also say how money should be held for them until they are older.

Your family is blended

Stepchildren do not inherit under the intestacy rules unless they have been legally adopted. If you want to provide for stepchildren, a Will is usually the way to do it.

You want to choose who deals with your affairs

Your executors will collect your assets, pay debts and share out what is left. Choosing them yourself can make things easier for your family.

What happens if I do not make a Will?

If you die without a valid Will, you die "intestate". Your estate is then shared according to fixed legal rules called the intestacy rules. These rules favour married partners, civil partners and blood relatives in a set order. They do not take account of close friends, charities or unmarried partners.

Our article on what happens when there is no Will explains the rules in more detail.

What makes a Will legally valid?

In England and Wales, for a Will to be valid, the person making it must:

1. be 18 or over
2. make it voluntarily, without pressure from anyone
3. have the mental capacity to understand what they are doing
4. make it in writing
5. sign it in the presence of two witnesses, who then sign it too

There are some important traps around witnessing. For example, a witness, or their husband, wife or civil partner, should not be a beneficiary. Our guide on how a Will is signed and witnessed covers this step by step.

A practical example

Sam and Priya have lived together for ten years and own their home together. They are not married and have one child. If Sam dies without a Will, Sam's share of any savings in Sam's sole name would pass under the intestacy rules to their child, not to Priya. Whether Priya keeps the home may depend on how the property is owned. A Will, and advice on how the home is held, could avoid this uncertainty.

Scotland and Northern Ireland

This article covers England and Wales. Scotland and Northern Ireland have their own rules on Wills and inheritance. If you live there, see the official guidance on making a Will in Northern Ireland or the mygov.scot death and bereavement pages. At present we cannot reliably route enquiries from Scotland or Northern Ireland.

When to get professional help

You can write your own Will, but mistakes can make it invalid or unclear. Professional help is often a good idea if:

• you own property with someone you are not married to
• you have children from more than one relationship
• you want to provide for someone who cannot manage money, such as a family member with a disability
• you own a business or property abroad
• your estate may be large enough for Inheritance Tax to be a concern

Will writing is not a regulated legal activity in England and Wales, so anyone can call themselves a will writer. Always check a provider's regulation, insurance and professional membership yourself. You can search the Solicitors Register to confirm whether someone is a regulated solicitor.

Next steps

If you are thinking about making a Will, it can help to jot down what you own, who you would like to benefit and who you trust to act as executor.

You can read more on our Wills page, or answer a few short questions in our wills questionnaire and we will aim to introduce you to up to three appropriately qualified firms.

WillHarbour is an independent introduction service, not a law firm, and we do not give legal, tax or financial advice. With your permission, we share your enquiry with up to three suitable firms, such as solicitors or will-writing companies. It is free to use and there is no obligation. The firms pay us a fee for each introduction, and they must tell you about this, and their own fees, before you instruct them.