Why You Are Never Too Young to Make a Will

Make a will UK: the short answer

If you are 18 or over and own anything, have children, or live with a partner you are not married to, the make a will UK question is not "when" but "why not now?". Without a valid will, the intestacy rules decide who inherits, the court may decide who brings up your children, and an unmarried partner can be left with nothing. A properly signed and witnessed will, reviewed after major life events, avoids all three.

Young adults often assume a will is for later life, and many who could easily make a will UK-wide put it off. In practice, the people who most need one are first-time buyers, new parents, cohabiting couples, business founders and anyone with savings, pensions or digital assets they want to control. This guide covers England and Wales; Scotland and Northern Ireland have their own rules.

What happens if you die without a will

If you die without a valid will, you die "intestate" and your estate passes under fixed statutory rules. Government guidance on who inherits if someone dies without a will sets out the order. In outline:

• Married or in a civil partnership, no children: your spouse or civil partner inherits the whole estate.
• Married or in a civil partnership, with children: your spouse takes your personal possessions, a fixed sum (£322,000 for deaths on or after 26 July 2023) and half of anything above that; your children share the other half.
• Not married, with children: your children inherit everything, generally held on trust until they reach 18.
• No spouse and no children: the estate passes to parents, then brothers and sisters, then more distant relatives in a fixed order, and to the Crown if there are none.

The cohabitation trap

An unmarried partner has no automatic right to inherit under the intestacy rules, however long the relationship. Jointly owned property held as joint tenants passes to the survivor automatically, but a home held as tenants in common, savings in your sole name and most other assets do not. A surviving partner may have to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is slow, uncertain and costly. A will is the simplest protection.

Intestacy also creates practical problems: the wrong person may be entitled to deal with the estate, children may inherit outright at 18, and there is no chance to plan for inheritance tax. Our article on the intestacy rules explains the order of entitlement in more detail.

Why you are never too young to make a will

The make a will UK advice for younger adults rests on a few common situations where the default rules produce the wrong result.

Guardians for children

For parents, appointing a guardian is often the most important reason to make a will. Under section 5 of the Children Act 1989, a parent with parental responsibility can appoint a guardian in writing, and a will is the usual place to do it. The appointment normally takes effect when no parent with parental responsibility survives. Without one, family members may have to apply to the court, and there may be disagreement about who should care for the children.

A will can also hold money for children on trust until a sensible age, rather than letting them inherit outright at 18, and can appoint trustees to manage it.

Digital assets, pensions and life insurance

Many younger people hold significant value outside traditional bank accounts: cryptoassets, online businesses, domain names, photos and social media accounts. A will can say who should receive digital assets, and a separate, securely stored note can explain how to access them. Never put passwords in the will itself, because a will becomes a public document after probate.

Pensions and life insurance often pass outside the will, under nomination forms or policies written in trust. Check and update them alongside the will. From 6 April 2027, most unused pension funds and death benefits will be brought within the scope of inheritance tax, which makes coordinating pension nominations with the will more important.

The people who most need a will are often the ones who think they are too young for one: new parents, first-time buyers and couples who are not married.

How to make a valid will in England and Wales

The formal requirements come from section 9 of the Wills Act 1837, and the government's guidance on making a legal will summarises them. To be valid, a will must be:

1. Made by an adult with capacity. You must be 18 or over, of sound mind and making the will voluntarily, without pressure from anyone else.
2. In writing. The will must be written down, by hand or typed. Video or audio recordings are not valid wills.
3. Signed by you. You sign it, or someone signs on your behalf in your presence and at your direction, intending the signature to give effect to the will.
4. Signed in the presence of two witnesses. You sign, or acknowledge your signature, in the presence of two witnesses aged 18 or over who are both present at the same time and have a clear view of the signing.
5. Signed by both witnesses. Each witness signs in your presence. A witness, or a witness's spouse or civil partner, should not be a beneficiary, because a gift to them will fail.
6. Kept safely. Store the original with a solicitor, at the bank, with a will storage company or with the Probate Service, and tell your executor where it is.

A temporary rule that allowed wills to be witnessed by video link during and after the pandemic has expired, so physical presence is required again. Once signed, a will cannot be amended by crossing out or adding words; changes need a codicil signed and witnessed in the same way, or a new will.

What to include in your will

A sound make a will UK checklist covers the following points.

• Executors – one or more people, or a professional, to deal with your estate. Choose people who are organised and likely to outlive you, and name a substitute.
• Guardians – for any children under 18, with a substitute.
• Specific gifts – particular items, sums of money or assets to named people or charities.
• The residue – everything left after debts, expenses and specific gifts. This is usually the largest part of the estate and needs the clearest instructions.
• Substitution – what happens if a beneficiary dies before you.
• Trusts – for children, vulnerable beneficiaries or tax planning, with chosen trustees.
• Funeral wishes and digital assets – guidance for executors, although funeral wishes are not legally binding.

Inheritance tax is not usually a concern for younger people with modest estates, but it can become one quickly with property and pensions. There is normally no inheritance tax on estates below the £325,000 threshold, or on anything left to a spouse, civil partner or charity, and the threshold can increase to £500,000 when a home passes to children or grandchildren. Our article on inheritance tax planning explains the reliefs.

Ways to make a will UK residents can choose from

There are several routes, and the right one depends on how complex your affairs are. Each produces a valid will only if the signing and witnessing rules are followed.

• A home-made will. Free or cheap, and valid if done correctly, but the risk of errors in wording and witnessing falls entirely on you. It suits only very simple estates.
• An online will service. Guided questionnaires reduce drafting errors, but you usually still sign and witness the will yourself, and complex family or tax situations may not fit the template.
• A will-writing company. Will writing is not a reserved legal activity, so will writers do not need to be regulated as solicitors are. Check their insurance, qualifications and complaints procedures.
• A solicitor. Solicitors are regulated by the Solicitors Regulation Authority, carry professional indemnity insurance and can advise on trusts, tax, property ownership and cross-border assets, as well as supervising the signing.

Whichever route you take to make a will UK law treats the result the same way: what matters is capacity, intention and correct formalities. People with children, property owned with a partner, a business or assets abroad usually benefit from advice, because the cost of a mistake is borne by the family after death, when it can no longer be corrected by the person who made the will.

Illustrative scenario: a young couple with a baby

This scenario is illustrative only and does not describe any real client or matter.

This example shows why the decision to make a will UK couples often postpone matters early. An unmarried couple in their early thirties buy a flat in London as tenants in common in equal shares, using a mortgage and savings. They have a six-month-old baby. Neither has a will.

If one partner dies, their half of the flat and their savings pass under intestacy to the baby, held on trust until 18, not to the surviving partner. The surviving partner may have to bring an Inheritance Act claim to secure their home. If both die together, no guardian has been appointed.

Two simple mirror wills would solve these problems: each leaves their share to the other, appoints guardians, and creates a trust for the child if both die, with trustees and a sensible inheritance age. They should also check pension nominations and life insurance, and consider lasting powers of attorney in case either loses capacity.

Common mistakes when you make a will

Reform and the cross-border angle

The Law Commission published its final report on modernising wills law in May 2025. It recommended lowering the minimum age for making a will from 18 to 16, giving courts power to recognise a will that does not meet the formalities where the person's intentions are clear, allowing electronic wills under a reliable system, and ending the rule that marriage revokes a will. These are recommendations only. Unless and until Parliament legislates, the current rules described in this guide apply.

For international families, the law that governs succession depends on domicile for movable assets and on location for land. Assets in Bangladesh may be subject to Muslim personal law or other personal laws on succession, which can limit how much can be left by will. Our UK–Bangladesh succession team coordinates English wills with local advice, and our international private client lawyers advise on wider cross-border planning.

Make a will UK checklist: what to do next

• List your assets, including property, pensions, insurance, business interests and digital assets.
• Decide who should inherit, and what happens if they die before you.
• Choose executors and, if you have children, guardians and trustees.
• Check how jointly owned property is held and update pension nominations.
• Sign the will correctly in front of two independent adult witnesses present together.
• Store the original safely and tell your executors where it is.
• Review the will after marriage, separation, children, property purchases or a move abroad.
• Consider lasting powers of attorney alongside your will.

Our wills and estate planning solicitors help people of every age make a will UK families can rely on, from simple mirror wills to trusts and cross-border estates, and our guide to the probate process explains what happens afterwards. Contact our London office at Holborn Gate, 330 High Holborn, London WC1V 7QH, by email at info@trw.co or on +880 1779 127165.

Frequently asked questions

Sources and official materials

1. Wills Act 1837 — Formal requirements for a valid will, including section 9
2. Making a will: make sure your will is legal — Government guidance on signing and witnessing
3. Who inherits if someone dies without a will — Government tool on the intestacy rules
4. Children Act 1989, section 5 — Appointment of guardians
5. Law Commission: Wills project — Recommendations to modernise wills law
6. How Inheritance Tax works — Thresholds, rates and exemptions
7. Inheritance Tax: unused pension funds and death benefits — Pensions brought into inheritance tax from April 2027

General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.