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

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Married couple reviewing a will and estate planning documents to protect their family's future.

There is a common, comforting myth that when you get married or enter into a civil partnership, your spouse automatically inherits absolutely everything you own. Because of this, many married couples push writing a will to the absolute bottom of their to-do list. If you die without a will (known as dying intestate), the law decides who gets what, and it might not match your wishes at all.

The Reality of Intestacy Laws

If you pass away without a valid will in the UK, your estate is divided according to strict, impersonal legal rules, or the rules of intestacy. If you have children, your surviving spouse does not get everything. Instead, they only inherit your personal belongings. The first £322,000 of your estate, and half of anything left over. The other half of that remainder goes directly to your children. This can cause massive financial strain, sometimes forcing the surviving partner to sell the family home just to pay out the children’s legal share.

You can learn more about the estate distribution without a will on the official GOV.UK website.

Three Reasons to Write a Will Today

Protecting the family home – If your property is not held in joint tenancy, your spouse might not automatically be able to stay in it.

Appointing guardians – If you have young children, a will is the only place you can legally name who should look after them if both parents pass away.

Choosing your executors – You get to choose exactly who handles your finances and wraps up your estate, rather than leaving it to a court-appointed administrator.

Writing a will isn’t about planning for the worst. It is about making sure the person you love most is fully protected when you are no longer there to do it yourself.

Visit the Braintree Wills Blog for more expert guidance on wills, probate and estate planning.

If you need help drafting a will or locating one, contact Braintree Wills for advice.

Do you need help?

Complete the form with as much information as you can and one of our friendly advisors will be in touch. Alternatively, call us on 01376 349 366.

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