Do You Really Need a Will in England and Wales? 5 Scenarios Where It Can Save Your Family Thousands

By Natalie Popova, Legal Consultant | Express Law Solutions

Disclaimer: This article is for general information only and does not constitute legal advice. For specific guidance, contact Express Law Solutions.

Many people believe that writing a will is something only the elderly or wealthy should consider. In reality, a will in England and Wales is one of the most important legal tools for protecting your loved ones. Without it, your estate is distributed under the statutory Intestacy Rules, not your personal wishes. This can leave your family vulnerable and, in some cases, cost them thousands of pounds.

Here are five common scenarios where a valid will can provide clarity, reduce conflict, and safeguard your family’s future.

1. Protecting an Unmarried Partner

Under the Intestacy Rules (Administration of Estates Act 1925), unmarried partners have no automatic right of inheritance. This means a long-term partner could be left with nothing—not even the shared home.

Why a will helps: Naming your partner as a beneficiary ensures financial security and legal protection. See more in our guide to Intestacy Rules.

2. Securing the Future of Your Children

Without a will, guardianship of minor children is left to the courts under the Children Act 1989. This may lead to arrangements that do not reflect your wishes.

Why a will helps: By appointing guardians in your will, you decide who will raise your children and protect their inheritance.

Key considerations when appointing a guardian:

Emotional bond with the child.
Shared values and parenting style.
Financial and practical stability.
Willingness and consent of the guardian.

A guardianship clause, valid under the Wills Act 1837, gives your children certainty, avoids disputes, and ensures care by trusted individuals. Learn more about Guardianship in Wills.

3. Avoiding Family Disputes

The absence of a clear will can lead to costly legal conflicts, often under the Inheritance (Provision for Family and Dependants) Act 1975.

Why a will helps: A valid will makes your wishes binding and reduces the risk of litigation.

Typical disputes involve dependants being left out, blended families, or misunderstandings under intestacy. Proper estate planning prevents unnecessary financial and emotional strain.

4. Minimising Inheritance Tax

Inheritance Tax (IHT) is charged at 40% on estates above £325,000 under the Inheritance Tax Act 1984. With thresholds frozen until 2026, more families are at risk.

Why a will helps: A carefully drafted will can use trusts, spousal exemptions, and the “7-Year Rule” on lifetime gifts to minimise tax. See more on Inheritance Tax Planning.

Trusts are often used within wills to manage inheritance tax exposure and protect assets: learn more in our guide: Trusts vs. Wills – Why a Trust May Be the Smarter Choice.

5. Protecting Business Interests

If you own a business, intestacy can cause serious disruption, affecting employees, operations, and value.

Why a will helps: A will allows you to set out succession plans, ensure business continuity, and protect assets. This includes using Business Relief under the Inheritance Tax Act 1984 and reviewing shareholder agreements.

Conclusion

A will is not just a legal document, depending on your circumstances, a trust may provide even greater flexibility and protection, see our comparison: Trusts vs. Wills. Whether protecting your partner, securing your children’s welfare, reducing taxes, or avoiding disputes, the importance of a will in England and Wales cannot be overstated.

Don’t leave your loved ones at the mercy of intestacy rules. Seek professional legal advice and take control of your legacy today.

Need help? At Express Law Solutions, we review, draft, and negotiate contracts to ensure they’re fair, clear, and enforceable.