One of the biggest myths in estate planning is that if you are married, you do not need a Will because “everything automatically goes to your spouse”. Unfortunately, this simply is not true. The rules around inheritance in England and Wales are not as straightforward as many people believe, and relying on assumptions can leave your loved ones in a very difficult position.

At SLS Wills and More, we regularly meet couples who are surprised to discover what would actually happen to their estate if they did not make a Will. Let us break down the key misconceptions.

Misconception 1: “My spouse will inherit everything”

Under the rules of intestacy (the legal default if you die without a Will), your spouse or civil partner does not necessarily inherit everything.

• If you have children, your spouse only receives the first £322,000 of your estate (as of 2025), plus half of anything above this amount. The remaining half goes to your children.
• If you do not have children, your spouse may inherit more, but other relatives could still have a legal claim.

This can cause practical problems – especially if the family home is included in the estate value, as it could leave your spouse having to sell property or access funds they thought would be secure.

Misconception 2: “We own everything jointly, so it doesn’t matter”

While it is true that jointly owned property usually passes automatically to the surviving joint owner, not everything you own will be in joint names. Bank accounts, investments, business interests, or personal items may fall under intestacy rules instead.

If assets are not set up in the right way, your spouse could end up sharing with your children or other relatives – which may not be what you intended.

Misconception 3: “A Will is only for older people”

Life is unpredictable. Accidents, illness, or sudden loss can happen at any age. If you have a spouse, children, property, or even just a small savings pot, making a Will ensures those you care about are protected. It is not about your age – it is about responsibility and peace of mind.

Why a Will matters for married couples

By making a Will, you can:

• Leave your estate entirely to your spouse if that is what you want.
• Appoint guardians for your children.
• Protect family businesses or property.
• Reduce the risk of disputes between relatives.
• Ensure your wishes are followed, not left to the law.

Protecting your family’s future

Marriage does not remove the need for a Will. In fact, for many couples, it makes having one even more important. Without clear instructions, your loved ones could face financial strain, legal complications, and unnecessary stress at an already difficult time.

At SLS Wills and More, we help couples create Wills that give certainty, security, and peace of mind for the future.