Do I need a Will if I want to leave everything to my spouse?

29 May 2026

Many married couples assume that if one of them dies, everything will automatically pass to the surviving spouse.

However, this is not always guaranteed and relying on assumptions rather than a properly drafted Will is risky business.

Our Head of Wills and Probate, Rachel Blackburn, explains why a Will is the best protection you can give to your spouse or civil partner after you pass.

What are the rules of intestacy?

If you die without a valid Will in England and Wales, you are classed as having died intestate.

Your estate, which includes your property, savings, investments and personal belongings held in your sole name, will then be distributed according to the rules of intestacy.

Any jointly owned assets may be passed automatically to the surviving owner, but this will depend on whether they are held as joint tenants or tenants in common.

Under the current intestacy rules:

• If you are married or in a civil partnership and have no children, your spouse inherits everything.
• If you are married or in a civil partnership and have children, your spouse inherits all personal possessions, the first £322,000 of your estate (known as the statutory legacy) and 50 per cent of anything above that amount. Your children will then inherit the remaining 50 per cent.

If you have children and your estate exceeds £322,000, your spouse may not automatically receive your entire estate.

There’s also the added complexities brought about by blended families or stepchildren.  Without a Will, your estate may end up going to individuals you would not intend it to.

Marriage does offer some protection, as unmarried partners, no matter how long they have lived together, have no automatic right to inherit your estate.

Why is trusting the rules of intestacy risky?

Leaving your estate in the hands of the rules of intestacy could leave your loved ones facing delays and stress during an already difficult time.

The probate process can take longer because there are no named executors and family members may need to apply to act as administrators of your estate.

Children may also not be able to inherit your estate until they reach a certain age, as their share may be held in a trust until then.

This could restrict your spouse’s access to funds that might have otherwise been used to support the household or pay off a mortgage.

Why do you need to make a Will?

Your intentions might be simple in that you want to leave everything to your spouse and a Will can ensure your estate is distributed as you wish.

It is a great way to protect your spouse’s future and ensure they receive exactly what you intend, without statutory limits or automatic division with children.

It also allows you to appoint executors, whether that is a loved one or a professional adviser, whom you trust to manage your estate.

Intestacy can create confusion, particularly where assets are held in different ways and it can lead to disputes that will only delay probate.

A professionally drafted Will with clear instructions gets rid of any ambiguity or uncertainty and helps reduce the risk of family disagreements.

Inheritance Tax planning

Although transfers between spouses are generally exempt from Inheritance Tax (IHT), careful planning can help maximise available allowances.

Married couples can combine their tax-free allowances and potentially pass up to £1 million free of IHT.

However, this does depend on the value of your estate and the residence nil-rate band.

Without a Will, you lose the opportunity to structure your estate in the most tax-efficient way and cannot make the most out of trusts and charitable gifts.

How can we support you?

If you want everything to pass to your spouse smoothly and support them financially after you pass, making a Will is one of the most effective steps you can take.

Our professional team can help draft your Will and make sure your wishes are properly documented and legally valid.

We can also explain how joint property will pass and help reduce the risk of challenges to your estate.

For further advice on protecting your estate, contact us.