A first home, a new baby or a wedding often makes people ask, “when should I make a will?” But you do not need to wait for a major milestone or a large bank balance. If there is anyone you would want to look after, anything you would want to leave, or any preference about who handles your affairs, it is sensible to make a will now.
Without one, the law decides who inherits under the intestacy rules in England and Wales. Those rules cannot know the relationships, promises and practical worries that matter in your family. A will gives you a clear say while the decisions are yours to make.
The simple answer: make a will as soon as you can
Most adults should make a will once they are 18, particularly if they have savings, belongings, a home, children, a partner or people who rely on them. A will is not reserved for retirees or wealthy families. It is a practical document for ordinary life.
The best time is when you are able to consider your wishes calmly, rather than during illness, a family dispute or an unexpected crisis. You can change a will later if your circumstances change. Starting with a straightforward will is usually far better than having no will at all.
There are a few moments when making one should move to the top of your list. These include buying property, moving in with a partner, marrying, becoming a parent, receiving an inheritance, starting a business or facing a serious health diagnosis. Each can affect who needs protection and what might happen to your estate.
Why waiting can leave the wrong people unprotected
Dying without a valid will is called dying intestate. In that situation, your estate is distributed according to a fixed legal order. It may sound straightforward, but it can produce results that do not reflect your intentions.
For example, an unmarried partner does not automatically inherit under the intestacy rules, regardless of how long you have lived together. A close friend, stepchild or favourite charity may also receive nothing unless you name them in a will. If you are married with children, your spouse may not receive the whole estate. The outcome depends on the value of your estate and your family circumstances.
A will also lets you choose your executors. These are the people responsible for dealing with your estate, including collecting assets, paying debts and distributing what remains. Choosing someone organised and trustworthy can reduce pressure on the people you leave behind.
When should I make a will if I have children?
Make one as soon as you become a parent, or before your child arrives if possible. The financial side matters, but a will is also your opportunity to say who you would want to care for your children if both parents died before they reached adulthood.
You can appoint guardians in your will. This does not remove the court’s role if a decision is needed, but it gives clear evidence of your wishes and can prevent avoidable uncertainty at a painful time. Talk to the people you have in mind first. Being named as a guardian carries a serious responsibility, and it is wise to name a substitute as well.
You can also decide when children should receive an inheritance. Leaving money outright at 18 may suit some families, while others prefer funds to be managed until a later age. Where substantial sums, vulnerable beneficiaries or complicated family arrangements are involved, a trust may be worth considering. This is an area where tailored legal advice can be appropriate.
Buying a home is a strong reason to act
Property is often the largest asset a person owns, and the way it is owned can affect what your will can do. If you own a home with someone else, check whether you are joint tenants or tenants in common.
Joint tenants usually own the property together as a whole. When one owner dies, their share normally passes automatically to the survivor, regardless of what their will says. Tenants in common each own a distinct share, which can be left by will to chosen beneficiaries.
This distinction is especially relevant for unmarried couples, people with children from an earlier relationship and anyone who wants their share of a property ultimately to pass to their own family. A will should sit alongside an understanding of the ownership arrangement, not replace it.
Marriage, divorce and separation all call for a review
Marriage usually revokes an existing will unless that will was made in contemplation of the marriage. That catches many couples out. If you marry and do not make a new will, you may unintentionally die intestate.
Divorce does not automatically cancel a will, although a former spouse is generally treated as having died before you for many purposes once the divorce is final. Separation is different again: until a divorce is complete, a separated spouse may still have rights under an existing will or the intestacy rules.
This is why a will should be reviewed after a relationship change, not simply filed away and forgotten. It is also a reason for cohabiting couples to act promptly. Living together does not give the same inheritance rights as marriage or civil partnership.
You do not need lots of assets to make a will worthwhile
People often delay because they think there is “nothing to leave”. Yet even a modest estate can include a bank account, workplace death-in-service benefit, pension benefits, a car, jewellery, sentimental items or digital accounts. More importantly, a will can identify the people you want to benefit and the person you trust to administer your affairs.
Pensions and life insurance do not always pass under a will. They are often paid at the discretion of trustees or according to a nomination form. Review those nominations alongside your will so that your arrangements point in the same direction.
A will can also save loved ones from trying to guess what you would have wanted. Specific gifts do not have to be expensive. A piece of family jewellery, a collection, a pet or a treasured photograph can matter greatly to the right person.
Make sure the will is properly signed and witnessed
A well-written will still needs to be executed correctly to be valid. In England and Wales, you must sign it, or acknowledge your signature, in the presence of two witnesses who are present at the same time. They must then sign the will in your presence.
Witnesses should be adults who understand what they are doing. Crucially, do not use a beneficiary, or the spouse or civil partner of a beneficiary, as a witness. Doing so can cause that person’s gift to fail, even if the rest of the will remains valid.
Follow the signing instructions carefully and keep the original document safe. Tell your executors where it is stored. A will that cannot be found when it is needed can create delays and uncertainty. English Wills offers a straightforward route for people who want to put a standard will in place without making the process feel daunting.
Review your will when life changes
Making a will is not a one-time promise that can never be altered. Review it every few years and whenever something significant changes. Pay particular attention after these events:
- marriage, civil partnership, divorce or permanent separation;
- the birth, adoption or death of a child or beneficiary;
- buying, selling or changing how you own a property;
- a major change in wealth, health, business interests or family relationships.
You may only need a small amendment, known as a codicil, but in many cases a new will is clearer and less likely to cause confusion. Never write changes onto a signed will yourself. Marks or alterations can raise questions about whether they are valid.
Do not wait for the “perfect” moment
Estate planning can feel uncomfortable because it asks you to think about difficult possibilities. But making a will is not about expecting the worst. It is about reducing uncertainty for the people who would have to cope if the worst happened.
Choose your executors, consider who should inherit, think about guardians if you have children, and make sure the document is signed correctly. A calm hour spent setting out your wishes can spare your family months of administration, expense and disagreement. The right time to make a will is usually before anyone needs it.