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Home Will Writing Do Married Couples Need a Will UK? (2026 Guide)
Will Writing

Do Married Couples Need a Will UK? (2026 Guide)

CT
Chandraketu Tripathi
Finance Editor, Kaeltripton
Published 13 Apr 2026
Last reviewed 13 Apr 2026
✓ Fact-checked
Do Married Couples Need a Will UK? (2026 Guide)

Quick Answer

Do married couples need a will in the UK?
Yes. Even if you are married, without a will your estate passes under the Rules of Intestacy — not automatically to your spouse. If you have children, your spouse only receives the first £322,000 plus half the remainder. Children inherit the rest, which can cause significant problems including forcing a sale of the family home. Mirror wills for couples start from £69.99 online.

Many married couples assume that if one of them dies, the other automatically inherits everything. This is only true if there are no children. If you have children — including from previous relationships — the picture is more complicated. Updated April 2026

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What Happens When a Married Person Dies Without a Will?

SituationWhat the Spouse Receives
Married, no childrenEntire estate — spouse inherits everything
Married with childrenAll personal property + first £322,000 + half the remainder. Children split the other half.
Married, children from previous relationshipSame as above — children from any relationship share half the remainder
Married, estate worth £500,000Spouse gets £322,000 + £89,000 (half of £178,000). Children split £89,000.

Why Married Couples Should Still Make a Will

  • Children from previous relationships — under intestacy, they inherit alongside your current spouse
  • Large estate — children can inherit significant assets that were intended for the surviving spouse
  • The family home — if owned as tenants in common, children may inherit a share, forcing a sale
  • Guardianship — only a will can appoint a guardian for children under 18
  • Specific wishes — intestacy cannot direct specific items to specific people
  • Inheritance tax planning — a will can include trust arrangements that reduce IHT
Make a solicitor-checked will in minutes from £39.99. Start at Make a Will Online →

Mirror Wills for Couples — What Are They?

Mirror wills are two separate wills made by a couple that mirror each other in structure — typically leaving everything to the other partner first, then to children equally. They are the most common type of will for married couples and are significantly cheaper than two standalone wills.

OptionCostSolicitor Check?
Make a Will Online (mirror wills)From £69.99✅ Yes — every will reviewed
High-street solicitor£200–£400✅ Yes
DIY template£0–£30❌ No — legal risk

Does Marriage Revoke a Previous Will?

Yes — in England and Wales, getting married automatically revokes any existing will. If you made a will before marriage and did not update it after, you are legally treated as having no will at all. This is one of the most commonly missed risks.

Bottom line: Married couples absolutely need a will — especially if they have children, own property as tenants in common, or have assets from previous relationships. Mirror wills from £69.99 with solicitor review are the fastest, most affordable solution.

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Frequently Asked Questions

Do married couples need a will in the UK?

Yes. Without a will, the Rules of Intestacy apply. If you have children, your spouse only receives the first £322,000 plus half the remainder. Children inherit the rest, which can cause significant financial problems for the surviving spouse.

Does a spouse automatically inherit without a will UK?

Only if there are no children. If you have children (including from a previous relationship), the spouse only receives the first £322,000 and half the remainder under intestacy.

What are mirror wills?

Mirror wills are two identical wills made by a couple, each leaving their estate to the other first, then to children. They are cheaper than two separate wills and are the standard solution for married couples.

Does getting married cancel a previous will?

Yes. In England and Wales, marriage automatically revokes any existing will. You must make a new will after getting married.

How much do mirror wills cost UK?

Mirror wills from an online solicitor-checked service like Make a Will Online cost from £69.99. High-street solicitors typically charge £200–£400 for a couple.

This article is for informational purposes only and does not constitute legal advice. Contains affiliate links — we may earn a commission at no extra cost to you.

CT
Chandraketu Tripathi
Finance Editor · Kaeltripton.com
22 years in global marketing and finance publishing. Specialist in UK personal finance, insurance, tax and consumer money guides.

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