The short answer: Yes, married couples absolutely need wills. It's a common myth that marriage means your spouse automatically inherits everything. In reality, without a will, your children could force the sale of the family home, and you have no control over what happens to your estate.
The Myth: "Everything Goes to My Spouse"
Many married couples believe that if one dies, the other automatically inherits everything. This is only true if:
- You have no children, AND
- All assets are in joint names, AND
- You have no estate planning goals beyond "give everything to my spouse"
For most couples, at least one of these doesn't apply.
What Actually Happens Without a Will (If You Have Children)
Under intestacy rules, if you're married with children and die without a will:
- Your spouse gets all personal possessions
- Your spouse gets the first £322,000
- Your spouse gets half of everything above £322,000
- Your children get the other half
The Problem
If your main asset is your home worth £500,000, your spouse gets £322,000 + half of £178,000 = £411,000. Your children are entitled to £89,000.
Where does that £89,000 come from? Potentially from selling or remortgaging the family home.
6 Reasons Married Couples Need Wills
1. Protect Your Spouse Fully
A will lets you leave everything to your spouse without any going to children until you both pass. This prevents forced sales and ensures your spouse can stay in the family home.
2. Appoint Guardians for Children
If both parents die, who raises your children? Without a will naming guardians, the court decides. Your children could end up with relatives you'd never choose.
3. Protect Against Remarriage
Without a will, if your spouse remarries after you die, your children could be disinherited by their new step-parent. A trust will can protect your children's inheritance.
4. Control When Children Inherit
Under intestacy, children receive their inheritance at 18. Many parents prefer 21 or 25, when children are more mature. Only a will lets you set this.
5. Reduce Inheritance Tax
Strategic will writing can reduce the inheritance tax your estate pays. Without planning, HMRC takes 40% of everything over £325,000.
6. Include Stepchildren
Stepchildren have no automatic inheritance rights. If you want them included, you must name them in a will.
What About Joint Assets?
Assets held as "joint tenants" (like most jointly-owned homes) pass automatically to the surviving owner outside of intestacy rules. This is called "right of survivorship."
However:
- Not all assets are jointly owned
- Bank accounts, investments, and pensions may be in one name only
- You may want to change to "tenants in common" for tax planning
- Joint tenancy doesn't let you protect assets for children if your spouse remarries
Mirror Wills vs Mutual Wills
Mirror Wills
Two separate wills with matching (or very similar) terms. Each spouse leaves everything to the other, then to children. Either spouse can change their will at any time.
Cost: £150-400 for both
Mutual Wills
A legal agreement that neither spouse will change their will after the first death. Rarely used because they're inflexible and can cause problems.
Recommendation: Mirror wills are almost always the better choice for couples.
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Special Situations
Blended Families
If either spouse has children from a previous relationship, wills are essential. You can use trusts to ensure both your current spouse and your children are provided for.
Second Marriages
Marriage automatically revokes any previous will. If you remarry, you need new wills immediately, or intestacy rules apply.
Estranged Children
You can exclude children from your will (though they can contest it). Without a will, they inherit automatically under intestacy.
Frequently Asked Questions
Does my spouse automatically inherit everything if I die?
Not if you have children and an estate over £322,000. Your children are entitled to half of everything above that threshold.
Do married couples need separate wills?
Yes, each person needs their own will. Mirror wills are two separate documents that contain matching provisions.
Can I just write "I leave everything to my spouse"?
Technically yes, but a proper will also appoints executors, names guardians for children, includes backup beneficiaries, and can incorporate tax planning.
What if we own everything jointly?
Joint assets pass automatically, but you still need wills for individual assets, guardianship, and to plan for when the second spouse dies.
How much do mirror wills cost?
Mirror wills typically cost £150-400 for both wills together, which is cheaper than two individual wills.