6th August 2025

I’m Married/ in a Civil Partnership, Do I Need a Will?

The short answer is yes, everyone who has assets needs a Will to ensure your wishes are carried out. 

If you are married or in a civil partnership and have joint assets with your spouse/civil partner, these assets will automatically pass to them by survivorship. Assets in your sole name or held as tenants in common, will on the other hand pass in accordance with your Will. 

 

Intestacy

If you do not have a Will, then the assets in your sole name and your share of property held as tenants in common will pass in accordance with the rules of intestacy, which currently state:

  • If you have a surviving spouse/civil partner, then they will recieve:
    • All personal belongings
    • Up to £322,000 of your Estate
    • Half the value of the Estate above £322,000
  • If you also have children, then they will inherit the remaining half value of your Estate above £322,000, in equal shares on reaching 18 years of ages. If you have estranged children, the rules of intestacy will still apply.

If you have been in a long-term relationship and are not married/in a civil partnership, then under the current rules of intestacy they will not inherit your Estate.

Please note that the above is how an Estate is distributed for those who have passed away leaving a surviving spouse/civil partner and children. The rules are different for those who are not survived by a spouse/civil partner and children.

Distribution under the rules of intestacy may not be how you intended your assets to be allocated. This could be due to estranged relationships, for Inheritance Tax purposes, funding for care fees or for supporting your loved ones after death, the list is endless. If the above is not what you would want to happen on your death, then it is in yours and your loved ones best interest to make a Will; this ensures your hard-earned money passes to your chosen beneficiaries and reduces stress and legal complexities.

 

Beneficiaries and Blended Families

For those with beneficiaries that require their inheritance protected, it may be necessary to put assets in a trust to ensure they are protected. This could be because a beneficiary is disabled, or a vulnerable person and their inheritance needs to be managed by others. If a loved one is suffering from alcohol or drug addiction, you may want to consider putting their inheritance in trust also.

If you are part of a blended family, then you may want to give your spouse/civil partner the ability to live in your home or have access to income during their lifetime, but ultimately your assets will pass to your chosen beneficiaries on your spouse/civil partner’s death and not in accordance with their own Will.

If you have given unequal lifetime gifts to children, you may want to consider whether you want these gifts to be considered when distributing an Estate. This is something that would need to be included in your Will.

 

Executors

Making a Will also ensures you appoint the appropriate person with the relevant skills to administer your Estate. Your Executor(s) should ideally be able to communicate effectively and be able to discuss and make decisions to avoid issues arising after your death. If you do not make a Will, then those entitled to inherit from your Estate will also be entitled to act as an Administrator. This may not be what you want and may cause added stress to your loved ones.

 

Guardians for Minors

For those with children under 18 years of age, you should make a Will to appoint trusted guardians to act in the unlikely but not impossible event that you and your spouse/civil partner/partner pass away whilst your children are minors. This ensures that you choose the appropriate loved one to act, rather than having social services involved in finding suitable care whether that’s within or outside the family.

 

Conclusion

Taking legal advice and making a Will ensures you obtain up to date Inheritance Tax advice, discuss Estate planning and potentially reduce Inheritance Tax and potential issues after death. DIY Wills and non-legal Will writers will not have the experience, knowledge and training to draft the best Will for you.

This article briefly touches on points which would be discussed in more detail during an initial call or meeting. We have open conversations so we can advise you about Inheritance Tax, how best to draft your Will to carry out your wishes, discuss implications and how to reduce potential complexities after death.

To contact a member of our expert team, email privateclient@bussmurton.co.uk or call 01892 510 222.

Sohret Haffenden

Sohret Haffenden
Associate Solicitor