Plenty of people put off writing a will. Around 66% of UK adults don’t have a valid, up-to-date one, according to research conducted by the charity, Will Aid. In younger adults especially, it feels like something to complete ‘later’, once there’s more at stake or more time to think about it. The trouble with this is that ‘later’ can come out of the blue, so it’s always better to be prepared.
As wills and probate solicitors, it’s our duty to ensure our clients have updated, accurate wills, so their family and assets are protected. We’ve written this guide to cover frequently asked questions about wills and when you should have one.
Is there an age when I should write a will?
In England and Wales, you must be at least 18 to make a valid will. Beyond that, it’s not about how old you are, but how much you have to protect.
Fewer than one in four adults under 35 have a will. Yet around 30% of that age group have dependent children and 43% own their own home, which are the situations where a will matters most.
So rather than basing this on how old you are, ask what has changed in your life.
Do I need a will? A life events checklist
If you can tick any of these, it’s worth speaking to a solicitor.
You’ve moved in with a partner but aren’t married.
When cohabiting with a partner, you aren’t entitled to the same legal rights as those who are married. You may have heard the term ‘common law marriage’, but this doesn’t exist.
You’re getting married or entering a civil partnership.
Marriage will change any existing will you made before the wedding. Without a new one, the law decides who inherits. If you already have a will, it needs updating, or it needs to be written with the marriage in mind.
You have children, or you’re expecting.
A will is where you name who you’d want to look after your children if both parents died. Without confirming that choice on paper, the decision could end up with a court. For parents, having a will is about far more than money.
You’ve bought a home.
For most people, the house is the biggest thing they own. How you own it with someone else affects what a will can and can’t do, so it’s worth getting advice early. This applies even if you’re mortgaging your house.
You’re separating or divorcing.
A will isn’t cancelled by divorce, and until the final order is made, you’re still legally married. If you seperate and your will stays as it is, your estranged spouse could still benefit. Updating it early gives you more control.
You’ve remarried or have stepchildren.
The law doesn’t treat stepchildren as your children. Without a will, they inherit nothing from you. If you’ve married again, you’ll need to make sure your will is updated with relevant information.
Your circumstances have changed.
Retiring, receiving an inheritance, selling a property or having a grandchild can all change who you want to look after, and how.
A parent or relative is getting older or becoming unwell.
This is a good moment to talk about plans, for them and for you. It’s also when a Lasting Power of Attorney comes up, which we cover below.
You own things online that are worth something.
Cryptocurrency and online businesses can pass on through a will. Social media and streaming accounts usually can’t. Without clear instructions, some assets can be locked away for good.
Your will is more than a few years old.
If you’ve made a will but haven’t looked at it since, check that it still reflects your life. Any item on this list is a reason to review it.
Do I need a will if I don’t own much?
This is a common question we hear when people are deciding whether they need a will or not. 29% of adults surveyed in 2026 without a will said they had nothing worth leaving.
But a will serves more of a purpose than just sharing out money. It’s where you name who looks after your children, make sure your partner is looked after and say what you’d like to happen to your belongings. None of that depends on how much you own.
What happens if I don’t have a will?
If you die without a will, the law sets out who inherits, in a fixed order. Your wishes don’t come into it. That can mean the people you’d expect to benefit, such as an unmarried partner or stepchildren, receive nothing, while others you hadn’t thought of do.
It can also leave your family dealing with delays and uncertainty at an already difficult time. A will keeps those decisions with you.
Does a will cover me if I become ill?
No. A will only takes effect after you’ve died. If you were unable to make decisions for yourself because of an accident or illness, you’d need a Lasting Power of Attorney (LPA). This lets someone you trust manage your finances or your health and care decisions on your behalf.
Many people put both an LPA and a will together, and we can talk you through the difference.
What happens next?
If anything on the checklist sounds familiar, the next step is a conversation. We’ll listen to your situation, explain your options clearly and tell you what to expect before you commit to anything.
You can speak to our team at our Lancaster or Kendal office. Get in touch to book an appointment.
