For most people, the home is the largest asset they will ever own. That is why the best wills for homeowners do more than say who receives everything. They deal with how the property is owned, who can remain living there, how children are provided for and whether a surviving partner could face an uncertain future.
A will cannot change every property rule, and it cannot solve every family situation on its own. But it gives you the chance to make clear decisions while you are able to do so. Without one, the law decides who inherits under the rules of intestacy. That may not reflect what you want for your partner, children or the home you worked hard to buy.
What makes a will right for a homeowner?
There is no single “best” will for every homeowner. The right choice depends on your family, the way you own your home and what you want to happen if you die before your partner, or if you both die.
For some people, a straightforward will leaving their estate to a spouse or civil partner, then to their children, is appropriate. A single homeowner may want to leave their property to children, relatives or friends in set shares. Unmarried couples often need wills because they do not automatically inherit from each other, no matter how long they have lived together.
The key is to make sure your will and your property ownership work together. A carefully worded will is valuable, but it cannot override the way a jointly owned home passes in every case.
First, check how your home is owned
If you own a property with someone else, establish whether you are joint tenants or tenants in common. The names can sound similar, but the difference matters greatly when making a will.
Joint tenants
Joint tenants own the whole property together. When one owner dies, their share normally passes automatically to the surviving owner through the right of survivorship. It does not pass under the will.
This can be reassuring for married couples who want the surviving spouse or civil partner to own the home outright. However, it can be less suitable where either person has children from an earlier relationship, or where there are concerns about the home eventually passing outside the family.
Tenants in common
Tenants in common each own a defined share of the property. That share can be equal, such as 50/50, or different if one person contributed more. Unlike joint tenancy, each owner can leave their share to beneficiaries in their will.
This arrangement can offer more flexibility. For example, you may wish for your partner to stay in the home after your death, while making sure your share ultimately passes to your children. It is not automatically the right answer for everyone, but it is a conversation worth having before signing a will.
If you are unsure how your property is held, check the title documents or get appropriate professional help. Do not assume that being married, paying the mortgage together or calling the home “ours” answers the legal question.
Should you leave the home outright or use a trust?
Leaving your share of a property outright to a spouse or partner is simple and may be exactly what your family needs. They have full control of the asset and can sell, move or make their own arrangements. The trade-off is that, after they inherit, the property forms part of their estate and could later pass under their will rather than to the people you had originally intended.
For homeowners with children from a previous relationship, a Protective Property Trust may be worth considering. Broadly, this can allow a surviving spouse or partner to remain in the home or benefit from it during their lifetime, while preserving the deceased person’s share for chosen beneficiaries later on.
A Flexible Life Interest Trust, often known as a FLIT, can provide similar protection with more room for trustees to respond to changing circumstances. This may help where a surviving partner later needs to move home, care costs arise or family needs change. Trusts are not a shortcut or a one-size-fits-all product. They need careful wording, suitable trustees and an understanding of the practical consequences.
The best wills for homeowners are often those that match the level of protection to the family situation. A young couple buying their first flat may need something different from a widow or widower who wants to safeguard an inheritance for adult children.
Choose executors who can deal with property
Your executors are responsible for administering your estate. Where a home is involved, their duties may include obtaining a valuation, dealing with the mortgage lender, insuring the property, paying bills, arranging a sale or transferring ownership to beneficiaries.
Choose people who are trustworthy, organised and likely to be able to take on the role. Many people appoint a spouse, adult child, sibling or close friend. You can appoint more than one executor, which can be useful where decisions about a house may be emotionally difficult or practically demanding.
Think about whether the people you choose will be able to work together. Naming several relatives in the hope that everyone feels included can create delay if they do not agree. It is often better to choose capable executors and explain your wishes clearly in the will.
Do not forget the people who live with you
A home is not just bricks and mortar. Your will should reflect the people whose security depends on it.
If you have children under 18, appointing guardians is one of the most important decisions you can make. Guardianship and property inheritance are connected, but they are not the same thing. A guardian cares for your child; trustees or executors may manage money and property for them until they are old enough to inherit.
If you live with an unmarried partner, a will is especially important. Under intestacy rules in England and Wales, a cohabiting partner does not automatically inherit, even if you have children together or have lived in the property for years. A will can make your intentions clear and reduce the risk of a distressing dispute at an already difficult time.
You may also need to consider an adult child living at home, a dependent relative or a lodger. Your will may not need to include every household detail, but it should not leave your executors guessing about your priorities.
Get the signing right
A well-written will can still cause problems if it is not signed correctly. In England and Wales, you must sign your will in the presence of two witnesses, who must then sign it in your presence. Your witnesses should be independent adults.
Do not use a beneficiary, or the spouse or civil partner of a beneficiary, as a witness. The will itself can remain valid, but the gift to that witness may fail. This is an avoidable mistake that can have serious consequences for someone you intended to protect.
Keep the original signed will somewhere safe, and make sure your executors know where it is. A copy may show your wishes, but the original is normally needed to deal with the estate properly. Secure storage can prevent the last will becoming lost among household papers just when it is needed most.
Review your will when your home or family changes
Buying a home, moving, remarrying, separating, having a child or receiving an inheritance can all affect whether your will still does what you want. Marriage usually revokes an existing will unless it was made in contemplation of that particular marriage, so it is particularly important to update your plans at that point.
Divorce does not automatically rewrite your will in the same way. It can change how gifts to a former spouse are treated, but it does not replace the need for a clear review. If you have separated but not divorced, the position can be more urgent still.
Making a will need not be an intimidating legal exercise. English Wills helps ordinary households set out their wishes in plain language and make formal estate planning feel manageable. The most useful step is not finding a document with the most complicated clauses. It is taking action now, checking how your home is owned and putting a valid plan in place for the people who rely on you.