Your Complete Guide: The Top 30 Questions (and Myths) About Wills
Last verified: April 2026 (England & Wales)
If you ask enough people about Wills, you keep hearing the same lines.
"Everything goes to my partner anyway."
"I’m too young to need one."
"I’ve already got one, so that’s sorted."
My family will work it out between themselves.
Some of those assumptions are partly true in some situations. A lot of them are not. And a few are dangerous.
This guide answers 30 of the most common questions and myths about Wills in plain English, so you can see what actually matters, what can go wrong, and when it is worth getting proper help.
Quick-read summary
• A Will is not just about money. It can affect who inherits, who deals with your estate, and who looks after children under 18.
• Marriage or civil partnership will usually cancel an earlier Will unless it was written in contemplation of that marriage or civil partnership.
• Unmarried partners and stepchildren do not have the automatic legal protection many people assume.
• DIY Wills can work in simple cases, but errors with wording, witnesses, updates or storage can cause serious trouble later.
• A Will does not avoid probate in every case, but it usually makes things clearer and more controlled.
Practical checklist — Is this guide for you?
This guide is worth reading if you have ever thought:• Surely everything just goes to my partner
• We are basically common law married anyway
• I do not own much, so I probably do not need a Will
• I wrote one years ago, so that is done
• My children know what I want
• I can always sort it later
If any of those sound familiar, keep reading.
What to consider
• A Will only helps if it is valid, up to date, and can be found when needed.
• Family structure matters. Marriage, remarriage, stepchildren, unmarried partners, and vulnerable beneficiaries can all change the right answer.
• The law has default rules if you die without a Will, but those rules are not written around your family.
• A Will should work with the rest of your planning, including how your home is owned, who your executors are, and whether LPAs are also in place.
How this works in real life
A common pattern is this: a couple have been together for years, they own a home, they have children, and they assume everything is obvious. One of them dies. Then the family discovers the Will is out of date, the ownership position is not what they thought, a former partner is still named somewhere, or the surviving partner was never properly protected.
The result is not usually one dramatic legal disaster. More often it is delay, confusion, avoidable cost, and arguments at exactly the wrong time.
FAQs — Top 30 Questions and Myths About Wills
Family & relationships
- Do I need a Will if everything would go to my partner anyway?
Usually, yes.
Sometimes a spouse or civil partner does inherit all or most of an estate. Sometimes they do not. And if you are unmarried, the position is very different. A Will is how you stop relying on assumptions and make the result deliberate.
- Does “common law marriage” protect my partner?
No.
In England and Wales, “common law marriage” has no legal status. If you are not married or in a civil partnership, your partner does not automatically inherit under the intestacy rules, even if you have lived together for years.
- Does getting married or entering a civil partnership affect an old Will?
Yes.
Marriage or civil partnership will usually revoke an earlier Will unless that Will was made in contemplation of that specific marriage or civil partnership. That catches more people out than it should.
- Does divorce automatically sort out my Will?
No.
Divorce is a major reason to review a Will, but it does not do your planning for you. If your relationship status changes, your Will should be checked straight away.
- If my family get on well, can they just sort things out between themselves later?
Not safely.
If you die without a valid Will, the intestacy rules apply first. Even where relatives agree in principle, the legal route may be slower, messier, and more limited than people expect.
- Are Wills only for wealthy people?
No.
Most people leave something behind. That might be a house, savings, life insurance, belongings, or simply the need for someone trusted to deal with everything properly.
Children, blended families & vulnerable beneficiaries
- Do stepchildren inherit automatically if I die without a Will?
Not usually.
Under the intestacy rules, stepchildren do not automatically inherit unless they have been legally adopted. If you want them included, that usually needs to be done by Will.
- Can I appoint guardians for children in my Will?
Yes.
If you have children under 18, a Will is one of the main places to appoint guardians and make your wishes clear.
- If I have young children, is making a Will more urgent?
Yes.
A Will is not just about who gets what. It is also about who steps in, who manages money, and whether things are handled in a structured way if children are still young.
- Will my children inherit at an age I am automatically happy with?
Not always.
A simple Will may not reflect the age, timing, or safeguards you would actually choose. That is one reason parents often benefit from more than a basic template.
- Can I leave different amounts to different children?
Yes.
You are not required to split everything equally. But where you want different treatment, the wording needs care and the reasoning should be thought through properly.
- If I want to protect a vulnerable beneficiary, is a basic DIY Will likely to be enough?
Often not.
Where someone may struggle with money, relationships, addiction, disability, or long-term vulnerability, the planning may need more thought than a simple gift outright.
Money, property & tax
- Do I need a Will if I rent and do not own property?
Yes.
A Will is not only for homeowners. Bank accounts, personal possessions, sentimental items, life policies, and family arrangements still matter.
- Does jointly owned property always pass outside the Will automatically?
Not always.
It depends how the property is owned. That is one reason home ownership and Will planning need to be looked at together.
- Do pensions and death benefits automatically follow my Will?
Not always.
Some assets pass under nominations, scheme rules or policy terms rather than your Will. A good review looks at the wider picture, not just the Will in isolation.
- Can a Will help reduce unnecessary inheritance tax?
Sometimes, yes.
A Will cannot solve every tax issue, but the right structure can help avoid waste, confusion, and missed planning opportunities.
- Do debts die with me?
No.
Outstanding debts are usually paid from the estate before beneficiaries receive what is left. A Will helps direct the residue, but it does not make valid debts disappear.
- Can I leave gifts to charities, friends, unmarried partners or specific people in a Will?
Yes.
That is exactly the point. A Will lets you choose who should benefit, instead of leaving everything to default legal rules.
Making, signing & changing a Will
- Can I write my own Will?
You can, but that does not always mean you should.
In simple cases, homemade Wills can be valid. But the more complicated your family, property, wishes or risks, the more likely it is that proper advice will save trouble later.
- Does a homemade Will count if it is signed properly?
It can.
The law does not require every Will to be drafted by a solicitor or Will writer. But it does require the Will to be validly made and clear enough to work in practice.
- Can I just write changes on my Will later?
No.
Once a Will has been signed and witnessed, changes must be made properly, usually by codicil or by making a new Will.
- Do both witnesses need to be there when I sign?
Yes.
A valid Will has to be signed in writing, voluntarily, by someone with capacity, and witnessed properly. Getting the formalities wrong can undo the whole exercise.
- Can a beneficiary witness my Will?
Not safely.
A beneficiary, or their spouse or civil partner, should not witness your Will if you want the gift to them to stand. This catches people out with “quick and simple” home signing.
- Is storing the original Will really important?
Yes.
The original matters. If it cannot be found when needed, you can create delay, extra cost, and avoidable legal problems.
Executors, probate & practical points
- Does having a Will mean there will be no probate?
No.
Some estates still need probate even where there is a perfectly good Will. A Will helps with control and clarity, but it does not remove probate in every case.
- Do executors have to act if I name them?
No.
Being named as executor is an appointment, not a trap. The right people still need to be willing, suitable, and capable of acting when the time comes.
- Can an executor also be a beneficiary?
Yes.
That is very common. Being an executor and being a beneficiary are different roles, and one person can be both.
- Can my family just use a photocopy if the original Will is missing?
Not as a normal rule.
For probate purposes, the original Will is normally needed. Missing originals are one of the simplest ways to create stress that was entirely avoidable.
- Is it too late to make a Will after a dementia diagnosis or other health problem?
Not necessarily.
The real question is capacity at the time the Will is made. Some people may still be able to make a valid Will even where there are medical concerns, but delay is risky.
- If I lose capacity, can my family just update my Will for me?
No.
They cannot simply rewrite it themselves. If someone can no longer make or change a Will, any change may require an application to the Court of Protection for what is known as a statutory Will.
What this guide is really saying
Most Will mistakes do not start with bad intentions. They start with reasonable-sounding assumptions.
I thought my partner would be fine.
I thought we had more time.
I thought the old Will would do.
I thought the children would sort it out.
I thought the wording was obvious.
That is why Wills matter. Not because they are dramatic, but because they prevent ordinary assumptions turning into unnecessary problems.
Related reading
Why a professionally written Will
Your Complete Guide: The Top 30 Questions (and Myths) About Lasting Powers of Attorney
Will MOT: review & update your Will
Next steps
If even two or three of these questions made you pause, it is probably worth reviewing your position properly.
For some people, the answer is a straightforward new Will.
For others, it is a Will review, a severance of tenancy, a guardianship update, or a wider check of how their Will fits with LPAs and the way their home is owned.
The next step does not have to be dramatic. It just needs to be deliberate.
This article is general information only, not individual advice.
