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Do I Need a Will? The UK Parent's Complete Guide (2026)

10 min11 Jan 2026

Do I Need a Will? The UK Parent's Complete Guide

You know you should have a will. You've probably been meaning to sort it for years. But between work, the kids, and everything else demanding your attention, it keeps sliding down the priority list.

Here's the uncomfortable truth: 59% of UK adults have no will, according to research from Direct Line. Among millennial parents (those aged 28-43), that figure rises to 62%. If you're reading this, you're probably in that majority.

This guide will tell you exactly whether you need a will, what happens if you don't have one, and how to get it sorted in less time than it takes to watch an episode of your favourite show.

Table of Contents


The Five Situations Where You Definitely Need a Will {#definitely-need-will}

1. You Have Children Under 18

This is the most important reason for parents to have a will. Without one, you cannot legally name who you want to raise your children if something happens to you and your partner.

Think about that for a moment. If you both died tomorrow without a will, a court would decide who raises your children. A judge who has never met your family would make this decision based on applications and paperwork, not on your wishes or values.

Your will is the only legal document where you can name testamentary guardians for your children. Not a text to your sister. Not a conversation with your parents. Only your will counts.

2. You Own Property (Even With a Mortgage)

If you own a house or flat, even if you still owe the bank £300,000 on it, you have a significant asset that needs to go somewhere when you die.

For married couples, you might think everything will automatically go to your spouse. Often it does, but not always, and not in the way you might expect. Under intestacy rules (the default when there's no will), your spouse gets the first £322,000 of your estate plus half the remainder. Your children get the other half.

This can force the sale of the family home if there isn't enough cash to pay the children's share. A will lets you structure things properly.

3. You're Not Married to Your Partner

This is the situation where intestacy hits hardest. Unmarried partners have no automatic inheritance rights whatsoever.

It doesn't matter if you've lived together for 20 years, have three children together, and consider yourselves common-law spouses. (There's no such thing as common-law marriage in England and Wales, by the way.)

If you die without a will, your partner gets nothing. Your estate goes to your children, or if you have no children, to your parents, siblings, or more distant relatives. Your partner could be forced to leave the home you shared.

4. You Have Stepchildren or a Blended Family

Stepchildren have no automatic inheritance rights unless you've legally adopted them. If you want your stepchildren to inherit from you, you must specifically include them in your will.

Blended families also need careful planning. If you leave everything to your current spouse, there's no guarantee they'll pass anything on to your children from a previous relationship when they die.

5. You Want Specific Items to Go to Specific People

Do you have a family heirloom you want your daughter to have? A watch you promised to your son? A collection that should go to someone who'd appreciate it?

Without a will, your executors divide everything according to the law. Sentimental value counts for nothing. That engagement ring from your grandmother? It becomes just another asset to be valued and divided.


Three Myths That Stop People Making Wills {#myths}

Myth 1: "I Don't Have Enough to Leave"

You probably have more than you think. Add up:

  • Your property equity
  • Pension death benefits (often 2-4x your salary)
  • Life insurance payouts
  • Savings and investments
  • Cars, jewellery, possessions

For a typical family homeowner with a workplace pension and some life insurance, the total could easily exceed £500,000. That's a significant sum to leave to chance.

Myth 2: "Everything Will Just Go to My Spouse"

Not necessarily. As mentioned above, intestacy rules give your spouse the first £322,000 plus half the remainder. If your estate is worth more, your children get a share immediately.

And if you're not married? Your partner gets nothing at all.

Myth 3: "I'm Too Young"

Nobody expects to die young. But every year, about 3,000 people under 45 die in the UK. If you have dependents or assets, age is irrelevant. You need a will.

The average age of first-time parents in the UK is now 31. If you have young children, the consequences of dying without a will are severe, regardless of your age.


What Happens If You Die Without a Will {#intestacy}

When someone dies without a valid will, they die intestate. The government has a fixed set of rules determining who gets what.

The key points to understand:

  • Your unmarried partner is completely excluded, no matter how long you've been together
  • Your stepchildren are excluded unless you've adopted them
  • Your children inherit at 18, whether they're ready or not
  • You can't leave anything to charity or friends
  • The court appoints an administrator to handle your estate

For parents, the most concerning aspect is this: without a will naming guardians, the court decides who raises your children. Family members can apply, but so can anyone else. The court's decision might not match your wishes at all.

Read more: What Happens If You Die Without a Will in the UK


How Much Does a Will Cost in 2026 {#costs}

Will prices vary significantly depending on how you create it and how complex your situation is.

What Affects the Price?

Several factors can increase the cost of making a will:

  • Complexity of your estate - Multiple properties, business interests, or overseas assets require more work
  • Family situation - Blended families, trusts for minor children, or excluding certain relatives add complexity
  • Type of ownership - If you own property as tenants in common rather than joint tenants, additional clauses may be needed
  • Number of wills - Many services offer discounts for couples making mirror wills together

When to Pay More

Consider paying for a solicitor if:

  • You have a complex family situation (second marriage, stepchildren)
  • You own a business or share of a business
  • You have property abroad
  • You want to minimise inheritance tax
  • You have significant assets (over £500,000)
  • You want to set up trusts for children

For most parents with straightforward situations - married, own a home, want to leave everything to spouse then children - an online service is perfectly adequate.

Read more: How Much Does a Will Cost in the UK? 2026 Prices Compared


How Long Does It Take {#time}

This is the excuse that stops most people. But here's the reality:

An online will service is the fastest option for most families. You answer questions about your assets, beneficiaries, executors, and guardians. The system generates your will. You print it, sign it with two witnesses, and it's done.

The whole process takes less time than:

  • Watching a film
  • Doing a weekly food shop
  • Scrolling social media in an evening

The only real time commitment is thinking through your decisions beforehand:

  • Who should be your executors?
  • Who should be guardians for your children?
  • How do you want your assets divided?

If you've thought these through, the actual will-making is quick.


Frequently Asked Questions {#faq}


Key Takeaways

  • Parents must have a will - It's the only way to legally name who should raise your children
  • Unmarried partners are excluded - No matter how long you've been together, intestacy gives your partner nothing
  • It's quicker than you think - Online wills take 20-30 minutes to complete
  • It's cheaper than you think - £90-£150 for most family situations
  • Getting married revokes your will - If you've married since making your will, you need a new one

Next Steps {#next-steps}


Last updated: January 2026. This guide is for informational purposes only and does not constitute legal or financial advice. Laws and figures are specific to England and Wales unless otherwise stated. Scotland and Northern Ireland have different intestacy rules.

Last updated: 11 January 2026