Making a will is one of the most important, and most often postponed, things you can do for the people you love. A will lets you decide who inherits your estate, who cares for your children, and how to keep tax and stress to a minimum, rather than leaving it to the law. Yet around half of UK adults still do not have one. This guide sets out the top reasons for making a will in the UK, and how tools like will trusts can help.
What is a will?
A will (properly, a last will and testament) is a legally binding document setting out how you want your assets distributed after you die, who should carry out your wishes (your executor), and who should care for any children under 18 (their guardians). Without one, none of those decisions is yours to make: the law decides instead. With one, you stay in control and give your family clarity at a difficult time.
Reason 1: protect and provide for the people you choose
The core reason to make a will is to make sure the right people inherit. A will lets you name exactly who receives what, including people the law would otherwise ignore entirely, such as an unmarried partner or stepchildren, who have no automatic right to inherit if you die without a will. It also lets you leave specific gifts, remember friends or charities, and provide for anyone who depends on you.
If you have young children, a will is also where you appoint their legal guardians, arguably the single most important decision a will lets you make, ensuring they are cared for by the people you trust rather than left to the courts to decide.
Reason 2: reduce Inheritance Tax and keep more in the family
A well-drafted will is a valuable tax-planning tool. Assets left to a spouse or civil partner will normally pass free of Inheritance Tax, and thoughtful planning, such as how and to whom you leave your estate, and using reliefs and allowances, can reduce the Inheritance Tax your estate pays. This matters even more given that, from April 2027, most unused pension funds are expected to fall within the estate for Inheritance Tax, making joined-up estate planning more important than ever. A will lets you structure things deliberately rather than by default.
Reason 3: save your family cost, delay and stress
Assuming your loved ones will simply inherit is a risky mistake. Without a clear, valid will, sorting out your estate can be slower, more expensive and more stressful, and can cause disputes between family members at the worst possible time. A will provides clear instructions that make administering your estate far smoother. It should also be reviewed after major life events such as marriage, divorce or the birth of a child, since these can change or even revoke your existing wishes.
Will trusts explained
A will can also contain a trust, which gives you far more control over how your estate is used after you are gone. In simple terms, a will trust is an arrangement where assets are held by trustees for the benefit of people you choose. Common uses include protecting a partner’s right to live in the family home while ultimately passing it to your children, providing for young or vulnerable beneficiaries, and helping to manage Inheritance Tax. Trusts are a specialist area and should be set up with proper advice, but they are one of the strongest reasons to make a will rather than rely on the law.
What happens if you don’t make a will?
If you die without a valid will, you die ‘intestate’, and the intestacy rules decide who inherits, in a strict order that may not reflect your wishes at all. In England and Wales a surviving spouse or civil partner receives your possessions, the first £322,000 (the statutory legacy) and half of the rest, with the other half going to your children; an unmarried partner and stepchildren receive nothing. We cover this in detail in our guide to the intestacy rules, but the short version is simple: without a will, you lose all control over who benefits.