Wills for Couples - What Do You Need to Know?
Wills for Couples: Married, Unmarried, and Blended Families (2026 Guide)
Everything couples need to know about making a will together. Covers married and unmarried partners, blended families, mirror wills, guardianship, property ownership, and what happens if you don't have a will. Updated for 2026.
Eliza Elliott, Legacy Adviser at Octopus Legacy. Last updated: 2026-03-27
Wills for Couples: Married, Unmarried, and Blended Families
Whether you're married, living together, or part of a blended family, making a will is one of the most important things you can do for each other. It's how you make sure the right people inherit, your children are looked after, and your partner isn't left in a difficult position if you die.
Over half of UK adults don't have a will. For couples, the stakes are higher, because the law treats married and unmarried partners very differently when someone dies without one.
This guide covers what happens with and without a will, how to protect your partner and children, and the options available to you as a couple in 2026.
Why do couples need a will?
To make sure your partner inherits what you want them to
Without a will, the rules of intestacy decide who gets what. These rules are rigid and impersonal. They don't take into account your wishes, your relationship, or your circumstances.
If you're married and have children, your spouse receives your personal belongings, the first £322,000 (the current statutory legacy), and half of anything above that. Your children share the other half. If you wanted your spouse to inherit everything, or you wanted to include other family members, intestacy won't deliver that.
If you're unmarried, it's worse. Your partner inherits nothing. Not a penny. More on that below.
To appoint guardians for your children
If you have children under 18, your will is where you name the people you'd want to look after them if both parents die. Without a will, the courts decide, and they may not choose who you would have chosen.
Only a parent with parental responsibility can appoint a guardian in their will. Mothers have this automatically. Fathers have it if they're married to the mother, named on the birth certificate, or have a parental responsibility agreement or court order. If you're an unmarried father without parental responsibility, sorting this out is an important first step.
To keep things simple and reduce costs
Your beneficiaries can only inherit assets that can be found. Writing a will lets you list your assets so your executor knows where everything is. If a professional executor has to spend time tracking things down, the bill grows. A clear, up-to-date will saves time, money, and stress for everyone.
To be remembered the way you want
If you have particular wishes for your funeral, whether that's specific songs, a natural burial, or a celebration rather than a formal service, your will is one place to record them. Your family will often take pride in carrying out what you wanted.
Do I need a will if I'm married or in a civil partnership?
Yes. Marriage and civil partnership give you more protection than being unmarried, but they don't give you full control.
Under the intestacy rules, a married spouse or civil partner inherits:
| Situation | What your spouse inherits under intestacy |
|---|---|
| Married, no children | The entire estate |
| Married, with children | Personal belongings + first £322,000 + half of the remainder. Children share the other half equally. |
This might suit you. But many couples want to split things differently. You might want to leave something to siblings, nieces, nephews, godchildren, or charity. You might want to leave specific items to specific people. A will gives you that control. Intestacy doesn't.
Important: Marriage automatically revokes any will you made before you got married (unless it was made "in contemplation of marriage" to your specific partner). If you made a will before your wedding but haven't made a new one since, you currently don't have a valid will.
Do I need a will if I'm not married?
Absolutely. If you're living with a partner but not married or in a civil partnership, making a will is essential.
There is no such thing as "common-law marriage" in England and Wales. It doesn't matter how long you've lived together, whether you have children, or whether you share a mortgage. The law does not recognise your relationship in the same way it recognises marriage.
If you die without a will, your partner inherits nothing. Your estate passes to your children. If you don't have children, it goes to your parents, then siblings, then more distant relatives. Your partner, the person you share your life with, gets nothing at all.
The government has signalled a consultation on cohabitation law reform, expected in 2026. But as of now, no new rights exist. Writing a will is the only way to protect an unmarried partner.
What can unmarried partners claim?
An unmarried partner can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they lived with you as a couple for at least two years before your death. But the court only awards "maintenance" level provision, not a full share of the estate. It's a stressful, expensive legal process with no guaranteed outcome.
A will avoids all of this.
Property ownership: joint tenants vs tenants in common
How you own your home matters just as much as what your will says. There are two types of property ownership, and they work very differently.
Joint tenants
Both of you own the whole property together. When one of you dies, the property passes automatically to the survivor. This happens outside your will. Even if your will says something different, the property still goes to the surviving joint tenant.
This is the most common arrangement for married couples who want the survivor to keep the home.
Tenants in common
Each of you owns a defined share (usually 50/50, but it can be any split). When one of you dies, your share passes according to your will, or under intestacy if you don't have one. The surviving partner doesn't automatically get it.
This gives you more control. You can leave your share to your children, put it in trust for your partner to live in, or split it however you want.
| Feature | Joint tenants | Tenants in common |
|---|---|---|
| Ownership | Both own the whole property | Each owns a defined share |
| On death | Passes automatically to survivor | Share passes via will or intestacy |
| Can you leave your share in a will? | No | Yes |
| Probate needed? | No (for the property) | Yes |
| Best for | Couples who want automatic inheritance | Couples who want control (especially blended families) |
If you're unmarried and own property as tenants in common without a will, your partner could lose their home. Your share would pass to your children or next of kin under intestacy. This is one of the most common and devastating consequences of dying without a will as an unmarried couple.
Blended families: protecting everyone
If either of you has children from a previous relationship, estate planning needs more thought. The biggest risk with blended families is that your children end up with nothing.
Here's the problem. Many couples make simple mirror wills leaving everything to each other. But once one of you dies, the survivor owns everything outright. Nothing legally stops them from changing their will, remarrying, or spending the inheritance. Your children from a previous relationship could be left with nothing.
Stepchildren have no automatic inheritance rights under intestacy. Unless you've legally adopted them, they won't inherit anything from you without a will.
How to protect children in a blended family
Life interest trusts. Your will can put assets (particularly your home) into trust. Your partner gets the right to live there and benefit from the assets during their lifetime. When they die, those assets pass to your children. This protects both your partner and your children.
Tenants in common. Own your property as tenants in common so each of you can leave your share to whoever you choose. Combined with a life interest trust, your partner keeps the roof over their head while your share is protected for your children.
Property protection trusts. A specific type of life interest trust focused on your home. Your share goes into trust when you die. Your partner can stay in the property, but the value is ring-fenced for your children.
Explicit naming. Make sure your will clearly defines who "my children" means. In blended families, ambiguity causes disputes. Name each child individually and state whether stepchildren are included.
Mirror wills, mutual wills, and joint wills
These terms come up a lot when couples are looking at wills together. Here's the difference.
Mirror wills
Two separate wills that are identical (or near-identical). You each make your own will, and the terms mirror the other's. This is the most common and most recommended option for couples.
The key advantage is flexibility. Either of you can change your will at any time without the other's permission. The downside is that after one partner dies, the survivor is free to change their will completely.
Read our full guide to mirror wills and joint wills.
Mutual wills
Two wills made under a binding agreement that neither of you will change them. If one of you dies and the other tries to change their will, a constructive trust kicks in. The court can enforce the original terms.
Mutual wills offer more certainty but less flexibility. They're sometimes used by blended families who want to guarantee that children from both sides inherit.
Joint wills
A single document signed by both of you. These are rarely recommended in the UK because they're inflexible and can create legal complications. The surviving partner may be locked into decisions made years earlier.
For most couples, mirror wills are the best option. They're simple, affordable, and flexible enough to cover most situations.
What happens to your will when you marry or divorce?
Your relationship status directly affects your will.
Marriage or civil partnership revokes any existing will, unless it was made "in contemplation of" that specific marriage. If you get married and don't make a new will, you die intestate.
Divorce or dissolution doesn't revoke your will, but it does affect it. Under Section 18A of the Wills Act 1837, your ex-spouse or ex-civil partner is treated as if they died on the date the decree absolute was issued. Any gifts to them fail, and any appointment as executor is voided. The rest of your will stands.
Separation without divorce changes nothing legally. If you separate but don't divorce, your spouse is still a beneficiary and can still act as your executor. If you're going through a separation, updating your will should be a priority.
Writing your wills together
You can write your wills with Octopus Legacy from £150 for a simple will or £450 for a will with a trust. Our online service lets you protect your partner and children in as little as 15 minutes.
If you're making a couples will, enter your partner's email and we'll send them everything they need to complete their will too, with a discount.
Once you've filled in your details, we review and approve your will before sending it out for you to sign and make it legally binding.
Need help deciding what's right for you? Call us on 020 8068 9990 or visit octopuslegacy.com/wills.
You might also find these helpful
- Mirror wills and joint wills explained
- Beneficiary in a will: who can inherit?
- Dying without a will: the rules of intestacy
- Responsibilities and duties of an executor
- Estate planning with Octopus Legacy
- Lasting power of attorney
Do married couples need a will?
Yes. Without a will, a married spouse inherits under the rules of intestacy: personal belongings, the first £322,000, and half of anything above that. Children share the other half. If you want your spouse to inherit everything, or you want to include other family members, friends, or charities, you need a will.
What does an unmarried partner inherit without a will?
Nothing. Unmarried partners have no automatic inheritance rights in England and Wales, regardless of how long they have lived together or whether they have children. There is no such thing as "common-law marriage" in English law. Writing a will is the only way to ensure an unmarried partner inherits.
What is the difference between mirror wills and mutual wills?
Mirror wills are two separate wills with identical terms. Either partner can change their will at any time. Mutual wills are also two separate wills, but they include a binding agreement that neither person will change them. If one partner dies and the other tries to change their mutual will, a constructive trust may be imposed by the court to enforce the original terms.
Does getting married revoke a will?
Yes. Marriage or entering a civil partnership automatically revokes any existing will, unless it was made "in contemplation of marriage" to the specific person you married. If you got married without making a new will afterwards, you currently don't have a valid will and the rules of intestacy apply.
How do blended families protect children from previous relationships?
The most effective approach is a combination of owning property as tenants in common and setting up a life interest trust. This lets the surviving partner continue living in the home while protecting the deceased's share for their children. Without these arrangements, a surviving spouse could change their will, remarry, or spend the inheritance, leaving stepchildren with nothing.
What is the difference between joint tenants and tenants in common?
Joint tenants own the whole property together, and it passes automatically to the survivor on death, outside the will. Tenants in common each own a defined share, which passes according to their will or the rules of intestacy. Tenants in common gives more control and is recommended for couples who want to direct where their share goes, especially in blended families.
Can an unmarried partner make a claim on an estate?
Yes, but only in limited circumstances. Under the Inheritance (Provision for Family and Dependants) Act 1975, an unmarried partner can claim if they lived with the deceased as a couple for at least two years immediately before the death. However, the court only awards "maintenance" level provision, not a full share of the estate, and the process is expensive with no guaranteed outcome.
How much does a couples will cost with Octopus Legacy?
A simple will with Octopus Legacy starts from £150 per person (£250 for a couple). A will with a trust starts from £450 per person (£750 for a couple). You can choose to write your wills online, over the phone or in person.
