Written and reviewed by the Private Client team at Muckle LLP, in partnership with Carents. Last reviewed Oct 2026. Click here for full legal dislaimer.
On this page:
- What is a Will and why does it matter?
- What can a Will do?
- What is an Advance Statement?
- Who needs to be involved in a Will?
- What happens if someone dies without a Will?
- When should a Will be reviewed or updated?
- Where should the original Will be kept?
- Watch: Does Your Parent Have a Will? What Carents Need to Know
- Frequently Asked Questions
- Legal Disclaimer
What is a Will and why does it matter?
Quick answer
A Will is a legal document that sets out who should inherit an estate and how it should be managed after death. Without one, the law decides. The result may not reflect what your family would have chosen.
A Will provides a legal framework for deciding what should happen to money, property and possessions after death. It can also name the people responsible for dealing with the estate and, where appropriate, identify who should look after children under 18.
Making a Will is particularly important where family circumstances are more complicated, because the intestacy rules that apply when there is no Will may not produce the outcome anyone would have chosen.
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Chat to the teamWhat can a Will do?
A Will can set out:
- who should benefit from the estate
- who should deal with the estate after death (known as executors)
- who should act as a guardian for any children under 18
- what should happen if a beneficiary dies before the person making the Will
- specific gifts, such as money, jewellery or other possessions
- charitable gifts
Who can make a Will in England and Wales?
In England and Wales, a person generally must be aged 18 or over and have the mental capacity required to make a Will. The Will must be made voluntarily, in writing, and must satisfy the formal signing and witnessing requirements.
A person with difficulties affecting decision-making may still have capacity to make a Will. Capacity is specific to the decision and the circumstances at the time. Professional advice should be taken where this is the case.
Who needs to be involved in a Will?
Executors
An executor is the person appointed to administer the estate and carry out the wishes set out in the Will. Executors may need to apply for a grant of probate before they can deal with many estate assets.
Things to consider when choosing an executor:
- Choose someone you trust and who is likely to be willing and able to deal with paperwork, banks, property and tax matters.
- More than one executor can be appointed. A grant of probate can normally be issued to a maximum of four people.
- Consider naming substitute or additional executors in case a first choice cannot act.
Beneficiaries
Beneficiaries are the people or organisations who inherit under the Will. Particular gifts can be specified, and the remainder of the estate, known as the residue, can be left to one or more beneficiaries.
It is worth thinking carefully about what should happen if a beneficiary dies before the person making the Will. A Will should address that possibility rather than leave uncertainty.
Guardians for children
A Will can name a person to act as a testamentary guardian for a child. The effect of the appointment depends on the child's circumstances and who else has parental responsibility at the time of death.
Naming a guardian in a Will does not automatically override the rights of another person who already has parental responsibility. If this matters to your family, it is worth seeking advice about your particular circumstances.
What happens if someone dies without a Will?
Intestacy rules
Dying without a valid Will is called dying intestate. The estate is distributed under a fixed statutory order, which may not reflect the wishes of the person who died, or what their family expected.
In broad terms, a surviving spouse or civil partner has priority under the intestacy rules. Where there are children or descendants, the spouse or civil partner's entitlement is determined by the statutory rules, and the remainder can pass to children or descendants. If there is no spouse or civil partner, children and then other relatives inherit according to a statutory order.
What about unmarried partners?
An unmarried partner does not automatically inherit under the intestacy rules, regardless of how long they have lived together or whether they have children together. This is one of the most important reasons for cohabiting couples to make Wills.
What about stepchildren and blended families?
The intestacy rules follow a strict hierarchy that does not account for blended families, stepchildren, or people regarded as family who do not fall within the statutory categories. Without a Will, these relationships carry no legal weight in how an estate is distributed.
When should a Will be reviewed or updated?
A Will should be reviewed regularly and after major life changes. Reviewing every five years is generally recommended, and also after events such as:
- marriage or civil partnership (a marriage normally cancels an earlier Will unless the Will was made in contemplation of that marriage)
- separation or divorce
- having a child
- moving house
- the death of an executor or beneficiary
Smaller changes can sometimes be made by a codicil, which must be signed and witnessed using the required formalities. A major change is usually best dealt with by making a new Will that expressly revokes earlier Wills and codicils.
Where should the original Will be kept?
The original Will should be kept somewhere safe, and executors should know where it is. If a solicitor was used to draft the Will, they will usually store the original on your behalf.
Watch: Does Your Parent Have a Will? What Carents Need to Know
Frequently Asked Questions
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Legal Disclaimer
This guide is provided for general information only. It does not constitute legal, tax, financial or other professional advice. It is based on the law of England and Wales only as at August 2026 and should not be relied upon in relation to Scotland, Northern Ireland, the Republic of Ireland, overseas territories or any other jurisdiction. Muckle LLP's Private Client team regularly advises on Lasting Powers of Attorney, Court of Protection matters, deputyships, estate planning and later-life legal issues. However, they are not specialist welfare benefits advisers, and benefits rules can be complex and subject to change. You should seek independent advice from your local authority benefits team, Citizens Advice, or a qualified welfare benefits adviser before acting on this guide.