What Every Couple's Will in the UK Should Include

Many couples in the UK assume that once they marry, they are automatically protected if one of them dies. That is not quite true. Marriage in England and Wales actually revokes any earlier will unless that will was made in contemplation of the marriage, and if you never made a new one after the wedding, you may have no will at all. Without a valid will, the rules of intestacy decide who inherits, and those rules do not always match what a couple would choose for each other.

If you and your partner have not written a will together, or haven't looked at one in a few years, here is what should be on your checklist.

1. Named executors

Your will needs to name at least one executor, the person responsible for administering your estate, paying any debts, and distributing what's left according to your wishes. Couples usually name each other first, with a backup executor (a sibling, adult child, or trusted friend) in case both partners die together or the surviving partner is unable to act.

2. Clear guardianship provisions for children

If you have children under 18, this is the part that matters most and the part people put off longest. Without a will naming a guardian, the court decides who raises your children if both parents die. A will lets you name the guardian you actually want, and it's worth naming a backup in case your first choice can't take on the role later.

3. How the estate is distributed

Most couples leave everything to each other first, with a residuary clause setting out what happens if both partners die (often split between children or other named beneficiaries). It's worth being specific here. Vague wording is one of the most common causes of disputes after someone dies.

4. A will trust, where minor beneficiaries are involved

If your beneficiaries include children under 18, a simple will on its own usually isn't enough. Under UK law, a straightforward will typically needs a trust structure attached so that a minor's inheritance is held and managed properly until they come of age, rather than paid out directly.

5. Funeral wishes

Not a legal requirement, but including your preferences (burial or cremation, and any specific instructions) saves your family from having to guess at an already difficult time.

6. Digital assets

Increasingly overlooked, but worth addressing: online accounts, cryptocurrency, photos stored in the cloud, social media accounts. If you want a specific person to have access or to close these down, say so.

7. Witnessing done correctly

Under the Wills Act 1837, a will must be signed in the presence of two witnesses, who then sign it themselves, and neither witness (nor their spouse) can be a beneficiary under the will. Get this wrong and the will can be challenged or thrown out entirely, so it's one of the few steps where there's no room for shortcuts.

8. A plan for reviewing it

A will isn't a one-off task. It should be reviewed after a marriage, divorce, the birth of a child, buying a property, or a significant change in your finances. What made sense five years ago may not reflect your situation now.

A note for unmarried couples

If you're living together but not married or in a civil partnership, this list matters even more. Under intestacy rules, an unmarried partner has no automatic right to inherit, regardless of how long you've been together or whether you share a home or children. A will is the only way to protect a partner in that situation.