Do I Really Need a Will If I’m Married?

When you say “I do”, you’re promising to share your life with someone special. But have you thought about what happens if life takes an unexpected turn?

Many married couples assume that being married means they don’t need a Will. It’s an understandable belief and a very common one. I’m here to gently guide you through why having a Will is still incredibly important, even if you’re married. This isn’t about pessimism. It’s about protecting your family, your wishes, and your peace of mind.

Why Marriage Doesn’t Automatically Mean You’re Protected

One of the biggest misconceptions we hear is that marriage automatically sorts everything out when someone dies.

It doesn’t.

If you die without a valid Will, the law decides what happens to your estate. This process is called intestacy, and it follows strict legal rules that don’t take account of your personal circumstances, family dynamics, or intentions.

For many families, this comes as a shock.

What Happens If You Die Without a Will in the UK?

If you die without a Will in England and Wales, your estate is distributed under the rules of intestacy.

If You’re Married With Children

Your spouse does not automatically inherit everything.

Instead:

• Your spouse receives:

  • All personal possessions

  • The first £322,000 of your estate

  • Only half of anything above that

• Your children inherit the other half immediately

This can cause real difficulties, especially where:

• The family home makes up most of the estate

• Children are under 18

• The surviving spouse needs long-term financial security

This outcome may be very different from what you would have chosen.

What About the Family Home?

How you own your property plays a crucial role.

Joint Tenants

If you own your home as joint tenants, your share passes automatically to your spouse on death.

While this sounds reassuring, it removes flexibility and can:

• Disinherit children from previous relationships

• Leave the whole property exposed to remarriage, creditors, or care fees later on

Tenants in Common

If you own your home as tenants in common, you each own a defined share. Your share does not pass automatically and will follow your Will or the intestacy rules if you don’t have one.

Without a Will, this can lead to uncertainty, delays, and outcomes you never intended.

What If We’re Happily Married? Do We Still Need a Will?

Yes. Absolutely.

A Will isn’t about mistrust. It’s about clarity and care.

Having a Will allows you to:

• Choose who inherits your assets

• Appoint guardians for your children

• Decide who will deal with your estate

• Reduce stress and delay for your loved ones

• Avoid family disagreements at a difficult time

Without a Will, your family may face unnecessary legal costs, delays, and confusion when they are least equipped to deal with it.

Second Marriages and Blended Families

This is where Wills become essential rather than optional.

Without a Will:

• Stepchildren have no automatic right to inherit

• Children from previous relationships can be unintentionally excluded

• Assets may not pass in the way you expect

A carefully drafted Will can strike the right balance between:

• Providing security for your spouse

• Protecting inheritance for your children

• Preventing conflict later on

Can a Will Protect Our Home for the Future?

Yes. Many married couples choose to include a Protective Property Trust in their Wills.

This can:

• Allow your spouse to remain living in the home for life

• Protect your share of the property for your chosen beneficiaries

• Safeguard assets against future risks such as remarriage or creditors

• Provide reassurance for both partners and children

Trusts aren’t just for the wealthy. They are practical tools for modern families.

Does Marriage Cancel an Existing Will?

In most cases, yes.

Marriage automatically revokes any existing Will unless it was written specifically in contemplation of that marriage. This catches many people out.

If you made a Will before getting married and haven’t updated it since, it may no longer be valid.

Inheritance Tax and Planning Ahead

A Will also allows you to plan sensibly for Inheritance Tax.

Without proper planning, more of your estate than necessary could be lost to tax, reducing what your loved ones receive. A Will gives you the opportunity to:

• Make use of available allowances

• Plan gifts and trusts appropriately

• Ensure your estate passes as efficiently as possible

  
  

How a Will Protects the People You Love

Writing a Will is one of the most caring things you can do for your family.

It allows you to:

• Provide properly for your spouse

• Appoint guardians and put protections in place for children

• Support other family members or friends

• Leave clear instructions that reduce the risk of disputes

  
  

Even if you believe your spouse would “get everything anyway”, a Will gives certainty where assumptions fall short.

How to Get Started With Writing Your Will

Starting doesn’t have to be daunting. A good first step is simply having a conversation.

It helps to:

• Take stock of your assets

• Think about who you want to provide for

• Choose suitable executors

• Consider guardianship if you have children

• Get professional advice from a professional, such as Toucan Law to ensure everything is done properly

Keeping Your Will Up to Date

Life changes, and your Will should change with it.

Marriage, children, moving house, separation, or changes in finances are all good reasons to review your Will. Think of it as a living document that grows with your life.

So, Do I Really Need a Will If I’m Married?

Yes.

A Will ensures your wishes are followed, your family is protected, and difficult decisions aren’t left to rigid legal rules. Relying on intestacy is leaving one of the most important decisions of your life to chance.

How Toucan Law Can Help

At Toucan Law, we make Will writing and estate planning clear, human, and stress-free.

We help families in Weston-super-Mare, North Somerset, and beyond to:

• Put the right Will in place

• Understand their options

• Protect their home and loved ones

• Plan with confidence and clarity

📞 Call us on 01934 271027📍 Visit us in Weston-super-Mare💻 Or book an appointment online

Your family deserves that security. And you deserve the peace of mind that comes with knowing you’ve planned properly.

You might also be interested in reading:

https://www.toucanlaw.co.uk/post/what-happens-if-i-don-t-make-a-will

https://www.toucanlaw.co.uk/post/asset-protection-why-you-might-want-to-think-twice-about-leaving-your-share-of-the-property-to-your