There’s a strange myth that writing a Will is something you do when you hit a certain birthday, buy a second home, or start saying “back in my day”.
But a Will isn’t an age milestone. It’s a control document. It lets you decide what happens to what you own, who should deal with it, and how the people you care about are protected if life takes an unexpected turn.
Laura Beattie, Solicitor in our Wills, Trusts and Probate team at Jackson Lees, explains why some of the most important choices you’ll ever make shouldn’t be postponed. The reality is simple: a Will gives clarity, certainty and protection, especially for people who assume they’re “too young” to need one.
What happens to your partner if you’re not married and you die without a Will?
This is the part that catches people out.
If you live with a partner but you’re not married and not in a civil partnership, there’s no automatic right for them to inherit from you if you die without a valid Will. Even if you’ve lived together for years, even if you pay the bills together, even if everyone around you considers you “as good as married”, intestacy rules don’t treat cohabitees as beneficiaries.
That means:
- They may receive nothing at all.
- Your estate could pass to relatives you wouldn’t have chosen.
- They may face stressful, avoidable disputes at an already difficult time.
Making a Will is the straightforward way to put the person you share your life with on the map legally, rather than leaving them hoping for goodwill or facing avoidable conflict.
How does intestacy decide who gets what, and why might that not be what you want?
When someone dies without a Will (or with an invalid Will), the estate is distributed under intestacy rules.
These rules are not flexible, and they don’t take account of what you “would have wanted”. They follow a legal order of entitlement, and depending on your family set-up, the outcome can be surprisingly blunt.
If you have a spouse or civil partner and children, the law gives:
- All personal belongings
- A statutory legacy (this has been set at £322,000 since July 2023)
- Half of the remaining estate to the spouse/civil partner
- The other half to your children
If that isn’t the outcome you want, it’s simple: a Will is the only way to change it.
Why is naming guardians for your children in your Will so important?
No one likes to picture the worst. But if you have children under 18, a Will is one of the key places you can set out who you would want to step in and care for them if you were no longer here.
In legal terms, this is about appointing guardians, and it’s usually done through your Will so your choice is clear and properly documented.
This avoids:
Confusion or disputes about who should take on the role
Delays while authorities make decisions
Emotional stress for family members
A carefully drafted Will helps reduce the scope for confusion and makes it far easier for the right people to step in confidently.
Your home can create hidden problems (especially if you co-own)
For many people under 35, the biggest asset is their home.
Sometimes bought with a partner, sometimes with help from family, sometimes as a long-fought-for first step onto the ladder.
Here’s the tricky bit: what happens to your share can depend on how the property is owned.
If you own a property as beneficial joint tenants, your share usually passes automatically to the other owner, outside of your Will.
If you own as tenants in common, your share does not automatically pass to the co-owner and can instead pass under your Will (or under intestacy rules if you don’t have one).
People often assume “we bought together, so it all goes to them,” but the paperwork matters.
When our team help you make a Will, we’ll also look at how your home is held and what that means, so your plan actually works in practice rather than on assumption.
How do you deal with your digital assets in your Will?
If your life is online (and whose isn’t?), you likely have value tied up in digital accounts; banking apps, payment services, subscriptions, photos and cloud storage, domain names, creator income streams, and sometimes digital assets such as crypto-tokens.
A clear Will helps your executors:
Access important online accounts
Secure digital assets
Avoid losing financial or sentimental value
A good Will, supported by sensible planning around a digital inventory, can make life significantly easier for your executors. Your digital life matters, make sure it’s a included in your future planning.
When should you update your Will as life changes?
A Will isn’t a “set it and forget it” document. It should be reviewed when life shifts.
For example:
- Marriage or entering a civil partnership (which usually revokes an existing Will)
- Buying a home
- Having children
- Separating from a partner
If you already have a Will, it’s worth checking whether it still reflects your life now and whether it’s still valid in light of major changes. We can update your existing Will or advise when it’s better to create a new one.
What should someone under 35 include in a simple but effective Will?
If you’re under 35, the chances are you’re busy, you’re building, and you don’t want legal tasks to add to your never-ending to do list. I know myself how there never seems to be enough hours in the day!
However, our Wills Trusts and Probate team focuses on doing this important task of making a Will properly, efficiently, and in a way that fits around you. Once you have provided us with your instructions, and we have provided initial advice, we will draft a Will for you to approve in your own time. We undertake most appointments in our office, as we enjoy meeting and getting to know clients in-person. However, we can offer video calls if you are unable to attend the office.
We are here to help you leave with something you can rely on with a clear plan that protects the people you love and can be updated as your life grows and changes.
How can Jackson Lees help?
I can confidently say that making a Will isn’t “tempting fate” and it isn’t something you earn with age.
It is about care for your loved ones. It’s you taking the time to ensure that, if the unexpected happens, the people you love aren’t left dealing with legal uncertainty on top of grief, and that your life, your relationships, and your choices are respected.
If you’d like to talk it through, we’ll keep it practical and straightforward. Please give us a call, request a callback or make an enquiry to find out how we can help.