Where there’s a Will, there’s a say

At a glance

• If you die without a valid Will, the rules of intestacy set out who inherits your estate.
• For unmarried couples, a surviving partner would have no entitlement to their partner’s estate unless this wish had been explicitly documented in a valid Will.
• For cohabiting couples, how you own your home matters. If owned as joint tenants, the whole property will automatically pass to the surviving partner on death.  

The traditional nuclear family is less common than it once was, with family life today taking many different forms. Families are increasingly more blended than ever before, shaped by relationships, responsibilities and choices. This means having a say on what assets you want to leave to whom – through a Will – has never been as important, regardless of your relationship status. 

According to the 2025 National Wills Report, 79% of UK adults are comfortable talking about death¹. Yet when it comes to considering finances, only 36% of people have made a Will^2.. This highlights the uncomfortable gap many of us fall into between discussing and doing.

There are many reasons for not making a Will. These range from ‘not getting round to it’ to thinking we’re too young to need one. There is also a common assumption that partners and children will automatically receive their fair share.

However, with family structures more blended than ever before, failing to prepare for who should benefit from your assets could mean your wishes are not realised.  

What happens if you don’t make a Will?

If you die without a valid Will, the law decides what happens to your estate. These rules — known as the rules of intestacy — set out who inherits, and in what order.

In England and Wales, priority is given first to a spouse or civil partner, then to children (including legally adopted children, but not stepchildren). If there are no close family members, your estate ultimately passes to the Crown.

On the surface, this might sound straightforward. But for many families, it doesn’t reflect real life. Without setting out your wishes clearly, there’s a real risk that someone you care about could be left out — or that your assets could pass to someone you never intended to benefit.

Unmarried and unprepared

The concept of ‘common law marriage’ isn’t legally recognised in the UK which can leave unwed couples financially exposed if proper planning and protection isn’t in place. For example, an unmarried surviving partner would have no entitlement to any of their loved one’s estate unless this wish had been explicitly documented in a valid Will.

For unmarried couples who live together, an unexpected death can leave the surviving partner financially vulnerable, particularly where a property is involved.

In the UK, how you own your home matters. If you own a property as joint tenants, the whole property will automatically pass to the surviving partner on death. This is because the home is owned equally.

In contrast, owning a property as tenants in common means each partner owns a defined share. This allows each person to decide, through their Will, who their share should pass to when they die.

As property is often the most valuable asset in an estate, it should be a central part of any financial and protection planning. This is particularly important given the inheritance tax (IHT) rules and allowances that may apply. 

Planning a solo legacy

Even if you have no partner or children, it is still important to consider making a Will. Doing so means you have a say in where your remaining assets go – whether to relatives, close friends and/or causes that are important to you. For the latter, there are IHT rules which may help stretch your legacy further, such as a reduction in IHT from 40% to 36% if at least 10% of your net estate is left to charity. 

A must for everyone

Writing a Will isn’t something we do for ourselves. It’s the security we put in place for our loved ones – to help ease the administrative burden when we pass.

Niki Patel, Tax and Trusts Specialist at SJP says: “It’s important to ensure your Will is valid and clearly drafted to ensure the right individuals benefit from your assets. However, there are other factors that ought to be considered when writing and reviewing a Will. For example, appointing guardians for minor children, deciding what should happen to any pets and dealing with any digital assets.”

Niki adds “Clients who do not have a Will in place ought to seek advice, as having a Will can save time and stress for loved ones by making it easier for them to sort everything out on death. Those who have a Will already ought to carefully think about whether it is in line with their overall wishes or whether it ought to be reviewed.”

The levels and bases of taxation and reliefs from taxation can change at any time. Tax relief is dependent on individual circumstances.

Wills are not regulated by the Financial Conduct Authority and the writing of Wills is a separate and distinct service to those offered by St. James’s Place. 

Sources
^{1, 2} The National Will Register, The national wills report 2025

SJP Approved 10/08/2026