Why Having a Valid Will Matters
- Penn Chambers
- Jul 1
- 3 min read
Choosing to delay writing your Will is common. After all, few of us like to think about death. But postponing this decision can leave your estate and loved ones vulnerable to unintended consequences.
Without a valid Will, your belongings from treasured books to digital assets stored in the cloud, all are subject to legal rules that may not reflect your personal wishes.
In this post, we will walk you through why preparing a Will is so important and what can happen if you don’t.
What Happens If You Die Without a Will?
Rules of Intestacy
If you pass away without a valid Will, your estate is distributed according to the rules of intestacy. These are strict legal guidelines that prioritise married or civil partners, children and thereafter close blood relatives. Unfortunately, these rules don’t account for modern family dynamics, such as long-term unmarried partners, blended families, or close friends.
Even if you’ve written a Will in the past, it won’t count unless it’s legally valid. That’s why careful drafting and regular reviews are essential.
If You're Not Married or in a Civil Partnership
Under intestacy rules, only your legal spouse or civil partner will automatically inherit if there is no valid Will.
This can create issues in two ways:
Unmarried partners - no matter how long you've been together, you are not entitled to inherit.
Separated spouses - if you haven’t legally divorced or ended the civil partnership, your former spouse or civil partner may still inherit from your estate, even if that’s not your intention.
Jointly Owned Property
The way you jointly own property affects how it is passed on when someone dies:
Joint Tenants - If you die, your share automatically passes to the surviving co-owner(s), regardless of what your Will says.
Tenants in Common - Your share of the property does not automatically pass to the co-owner(s). Instead, it becomes part of your estate and is distributed according to your Will, or intestacy rules if there isn’t one.
Without a Will, this can lead to difficult scenarios:
Your partner may not inherit your share.
Your children may not receive what you intended.
Your share could pass to a relative you had no close relationship with.
Joint Bank and Building Society Accounts
Most joint accounts pass automatically to the surviving account holder. This might not be what you want - especially if you’d hoped to leave specific amounts to friends or family members. A Will allows you to control how your money is shared after your death.
If You Have Children
When someone dies intestate:
Children only inherit everything if there’s no surviving married or civil partner.
If there is a spouse or civil partner, they receive the first £322,000 of the estate, all personal chattels and thereafter half of the remaining estate. The children inherit the other half.
This may not reflect your wishes - particularly if you want to prioritise children from a previous relationship or leave unequal gifts. You may also want to ensure your spouse or civil partner receives the whole estate in the first instance so they do not have to sell assets to pay the childrens share.
Also, if your children are under 18, intestacy gives no control over who becomes their legal guardian. A properly written Will allows you to appoint trusted guardians who will care for your children if the worst should happen.
The Cost of Not Having a Will
Dying without a Will can:
Lead to unintended people benefiting from your estate.
Exclude those you deeply care about.
Create confusion and disputes.
Result in costly legal claims from disappointed family members.
Writing a valid Will ensures that your wishes are followed and your loved ones are protected.
It gives you control over:
Who inherits what;
Who manages your estate;
Who will care for your children;
And how your legacy is honoured.
Remember, Penn Chambers are here to help you make these decisions with confidence. Writing your Will is one of the most important steps you can take to protect your loved ones and preserve your intentions.
If you'd like to get started or review an existing Will, please don’t hesitate to get in touch.
We’ll make the process straightforward and personal because you deserve peace of mind.
0207 183 4595
The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.
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