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Do I need a will if I'm married?

General Wills

Yes, absolutely. Even if you're married or in a civil partnership, you need a will.

Many people mistakenly believe their spouse automatically inherits everything. In reality, if you die without a will in England and Wales:

  • If you have children: Your spouse gets personal possessions, the first £322,000, and half of everything above that amount. Your children get the other half.
  • If you have no children but living parents: Your spouse gets personal possessions, £322,000, and half the remainder. Your parents get the other half.
  • Only if you have no children and no living parents does your spouse inherit everything.

Without a will, your spouse might not have enough to live comfortably, might be forced to sell the family home, or could face financial hardship while sorting out your estate. A will ensures your spouse is properly protected and that all your assets go exactly where you intend.

Both partners should make wills, even if you want to leave everything to each other - you need to specify what happens if you die together, or after both of you have passed away.

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