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Will

Also known as: Last Will and Testament, Testament

Definition

A will is a legal document that sets out your wishes for what should happen to your money, property, and possessions after you die.

Making a will lets you choose who inherits your estate, who looks after your children if they're under 18, and who carries out your wishes.

What Does Will Mean?

A will is the foundational legal document for estate planning in England and Wales, governed by the Wills Act 1837. When you make a will, you become the testator—the person whose wishes are recorded. Your will specifies who receives your estate (money, property, and possessions), who looks after your children under 18, and who acts as your executor. Importantly, wills are ambulatory, meaning you can change or cancel them anytime during your lifetime. They have no legal effect until death, giving you complete flexibility to update as circumstances change.

For a will to be legally valid, it must meet strict requirements under Section 9 of the Wills Act 1837. The will must be in writing, signed by you in the presence of two independent witnesses, who then sign while all three are together. Witnesses cannot be beneficiaries or married to beneficiaries—otherwise, their gifts become void. Without a valid will, intestacy rules determine who inherits. Emma and James, unmarried partners with a baby and a £320,000 house, made mirror wills leaving everything to each other. Without wills, if Emma died, her share would go to her parents under intestacy (not James), potentially forcing sale of the family home.

Life events often trigger the need to make or update a will: buying property, getting married, having children, or accumulating assets. Marriage automatically revokes existing wills unless specifically made "in contemplation of marriage" to that person. Divorce doesn't cancel your will but treats your ex-spouse as if they died before you. For couples with aligned wishes, mirror wills are popular—near-identical wills where each spouse leaves everything to the other. If your situation is straightforward (standard family, modest estate, simple wishes), you may use an online will service. However, complex assets, blended families, business interests, or foreign property require professional legal advice.

Common Questions

"Do I need a will if I'm only in my 30s and don't own much?"

Yes. A will ensures your savings go to the right people, protects your partner if you're not married, and appoints guardians for children. Without a will, intestacy rules decide everything—and may not match your wishes.

"What happens to my children if I die without a will?"

The court decides who looks after children under 18—not who you would have chosen. Social services and the family court consider what's best for your children, but you have no say. A will lets you appoint trusted guardians.

"Will my partner inherit my house if we're not married and I don't have a will?"

No. If you're not married or in a civil partnership, your partner has no automatic inheritance rights under intestacy rules, even after decades together. Your estate goes to children, parents, or siblings—your partner could be left homeless.

Common Misconceptions

Myth: Wills are only for wealthy people with large estates.

Reality: Wills are essential for anyone with assets they care about or people who depend on them. If you own property (even with a mortgage), have savings, own a car, have sentimental possessions, or have children under 18, you need a will. Even modest estates can cause family disputes without a will. Critically, wills appoint guardians for children under 18—something wealth doesn't make unnecessary.

Myth: My spouse will automatically inherit everything when I die, so I don't need a will.

Reality: Only partially true. If married with no children, your spouse inherits everything under intestacy. However, with children, your spouse receives personal possessions plus the first £322,000, and the remainder splits 50/50 between spouse and children. This could force selling the family home to pay children their share. If unmarried—even after 30 years together—your partner inherits nothing under intestacy.

  • Testator: The person who makes the will (age 18+, with mental capacity).
  • Executor: The person appointed to carry out your will's instructions after death.
  • Beneficiary: People or organizations who receive gifts from your will.
  • Intestacy: What happens when someone dies without a valid will.
  • Probate: The legal process proving the will is valid and giving the executor authority.

Need Help with Your Will?

Understanding what a will is and why you need one is the first step. Creating your will with confidence is the next.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.