Why Married Couples in the UK Need a Will

As a married couple in the UK, having a will in place is one of the most important steps you can take to protect your assets and the people you love. We recommend that married couples have two separate wills rather than a single joint document, as this provides far more flexibility in specifying how each person’s assets should be distributed — and it becomes essential if your circumstances differ, such as having children from previous relationships.

Having two separate wills allows each person to maintain control over their own assets and make independent decisions about their distribution. This is particularly important in England and Wales, where the rules of intestacy — the default legal framework that applies when someone dies without a valid will — may produce outcomes that are completely at odds with what you would have wanted.

Key Takeaways

• Married couples in the UK should have two separate wills — not a single joint will.
• A valid will is essential for protecting your assets, your spouse, and your children.
• Two separate wills give each spouse independent control over their estate and provide greater flexibility.
• The intestacy rules in England and Wales may leave your spouse without full access to your estate, especially if you have children.
• Marriage automatically revokes any existing will — so you must make a new will after getting married.

Understanding the Importance of a Will

For married couples in the UK, having a will is not just a legal formality — it is a vital step in securing your family’s financial future and ensuring that your wishes, not the government’s default rules, determine what happens to everything you own.

What is a Will?

A will (formally known as a “last will and testament”) is a legal document that sets out how you want your estate — your property, money, investments, and personal possessions — to be distributed after your death. It also allows you to appoint executors (the people responsible for carrying out your wishes), name guardians for any minor children, and express any specific gifts or charitable donations you wish to make.

A clear and properly executed will helps prevent misunderstandings and disputes among family members, ensuring that your wishes are respected rather than overridden by the intestacy rules.

How Wills Protect Your Family

A will is essential for protecting your family because it ensures your assets go to the right people, at the right time, in the right way. For married couples, this means safeguarding the financial well-being of the surviving spouse while also making proper provision for children, grandchildren, or other dependants.

Beyond asset distribution, a will allows you to appoint guardians for minor children — without this, a court will decide who raises your children. You can also use your will to create trusts that protect assets from threats such as sideways disinheritance (where your share of the family home ends up with your spouse’s new partner rather than your children), care fee depletion, or a beneficiary’s divorce. A simple “everything to my spouse” will, while common, may not provide these protections.

Legal Implications of Dying Intestate

Dying without a valid will — known as dying “intestate” — can have serious consequences for your family. In England and Wales, the distribution of your estate will be governed by the intestacy rules, which follow a rigid formula that takes no account of your personal relationships or wishes.

Critically, getting married automatically revokes any existing will under English law, unless the will was specifically made “in contemplation of marriage” to that particular person. This means that if you made a will before your wedding and didn’t make a new one afterwards, you are effectively intestate — even though you thought you had a will in place. This is one of the most common and dangerous oversights in estate planning.

To ensure that your estate is managed according to your wishes and your family is properly protected, it’s essential to work with a specialist. You can find more information on estate planning at https://mpestateplanning.uk/.

Wills for Married Couples: A Unique Perspective

The interplay of joint assets, spousal rights, and inheritance tax makes having a will absolutely essential for married couples. When you’re married, your financial lives are often deeply intertwined, and without proper planning, this can create significant complications when one of you dies.

Joint Assets and Property Ownership

Joint assets and property ownership are extremely common among married couples. In England and Wales, when couples own property together, it is held either as “joint tenants” or as “tenants in common.” Understanding the difference between these two forms of ownership is fundamental to estate planning.

• Joint Tenants: When one spouse dies, the surviving spouse automatically inherits the entire property by the “right of survivorship.” This happens outside the will — meaning the property passes regardless of what the will says. While this sounds convenient, it provides no protection against care fees, sideways disinheritance, or the surviving spouse’s future creditors.
• Tenants in Common: Each spouse owns a defined share of the property (commonly 50/50). Each person’s share can be dealt with independently in their will — for example, passed into a trust for the benefit of children while allowing the surviving spouse to continue living in the property. This is the recommended structure for most couples who want to protect their family home.

The well-known dispute over the estates of John and Marjorie Scarle — a couple who both had children from previous marriages — is a stark illustration of why clarity in property ownership and wills matters. Without proper planning, blended families face particular risks. A will, combined with the right form of property ownership, can provide the clear instructions needed to avoid these disputes.

The Role of Spousal Rights

Spousal rights play an important role in inheritance, but they are more limited than many people assume. Under the intestacy rules in England and Wales, a surviving spouse does not automatically inherit everything. If there are children, the surviving spouse receives the first £322,000 of your estate, all personal chattels (furniture, cars, personal items), and half of anything above £322,000 — with the other half going directly to the children. For larger estates, this can leave the surviving spouse without enough to maintain their home or lifestyle.

It’s also worth noting that cohabiting partners (unmarried couples) have no automatic right to inherit anything under the intestacy rules, regardless of how long they’ve been together. Only a valid will can protect an unmarried partner.

Having a will allows you to make deliberate decisions about your estate — ensuring your spouse is provided for while also protecting the interests of children, particularly if there are children from a previous relationship.

Inheritance Tax Considerations

Inheritance tax (IHT) is a critical consideration for married couples. IHT is charged at 40% on the value of your estate above the nil rate band. Each person has a nil rate band of £325,000 — and this has been frozen since 2009, with no increase planned until at least April 2031. With the average home in England now worth around £290,000, many ordinary homeowners are now caught by IHT when you add savings, pensions, and other assets to the value of the family home.

The good news is that transfers between spouses and civil partners are completely exempt from IHT — no matter how large the amount. Additionally, any unused nil rate band can be transferred to the surviving spouse, giving a married couple a combined nil rate band of up to £650,000. There is also the residence nil rate band (RNRB) of £175,000 per person (£350,000 for a couple), available when a qualifying residential property is passed to direct descendants such as children, grandchildren, or stepchildren. However, the RNRB is not available when the property is left to nephews, nieces, siblings, friends, or charities. The RNRB also tapers by £1 for every £2 that the estate value exceeds £2,000,000.

A well-planned will can help ensure you take full advantage of the available IHT reliefs — including the spouse exemption, transferable nil rate band, and residence nil rate band — so that more of your estate passes to your loved ones rather than to HMRC. For many families, combining wills with trusts offers even greater protection and tax efficiency. The combined maximum for a married couple using both the NRB and RNRB is £1,000,000 — but only if the property passes to direct descendants.

Creating a will as a married person is not just about fulfilling a legal requirement; it’s about making deliberate choices that secure the financial future of those you care about. By understanding how joint assets, spousal rights, and inheritance tax interact, couples can make informed decisions that protect their family’s well-being for generations to come.

Common Misconceptions About Wills

Many people in the UK hold misconceptions about wills that can lead to serious unintended consequences for their families. Let’s address the most common myths head-on.

“I Don’t Need a Will, My Spouse Will Inherit Everything”

This is arguably the most dangerous myth in estate planning. While it’s true that personal chattels (furniture, cars, personal belongings) pass to the surviving spouse under intestacy, the rest of the estate does not automatically follow. In England and Wales, if you die without a will and you have children, your spouse will receive only the first £322,000 of your estate plus half of the remainder. The other half goes directly to your children — and if they’re under 18, those funds are held in a statutory trust until they reach 18.

For a couple with a home worth £400,000 and £100,000 in savings, this could mean the surviving spouse doesn’t have enough to keep the family home. And remember — the intestacy rules make no provision for unmarried partners, stepchildren, friends, or charities. Only a valid will can protect these people.

“Wills are Only for the Wealthy”

This couldn’t be further from the truth. With the average home in England now worth around £290,000, most homeowners already have an estate that approaches or exceeds the IHT nil rate band of £325,000 once you add savings, pensions, and life insurance. A will isn’t just about distributing wealth — it’s about appointing guardians for your children, specifying who receives sentimental items, and ensuring that your assets are managed sensibly rather than handed over in one lump sum to an 18-year-old.

As Mike Pugh often says, “Trusts are not just for the rich — they’re for the smart.” The same principle applies to wills. If you own a home, have children, or care about where your money goes, you need a will.

“An Oral Will is Enough”

Some people believe that simply telling their family what they want is sufficient. It is not. In England and Wales, for a will to be legally valid, it must be in writing, signed by the testator (the person making the will), and witnessed by two independent witnesses who are both present at the time of signing. The witnesses must also sign the will. If any of these requirements are missing, the will is invalid and the intestacy rules apply.

The only exception is the extremely rare “privileged will” available to members of the armed forces on active military service or sailors at sea — and even these carry significant complications. For everyone else, a properly written, signed, and witnessed will is the only way to ensure your wishes are legally enforceable.

Understanding the realities of wills and estate planning can help you make informed decisions and ensure that your loved ones are protected — not left to the mercy of a rigid legal formula that knows nothing about your family.

The Process of Creating a Will

As a married couple, understanding the process of creating a will can provide real peace of mind and long-term financial security for your family. It doesn’t need to be complicated, but it does need to be done properly.

Steps to Writing a Will

Writing a will involves several key steps:

• Decide on Beneficiaries: Identify who will inherit your assets. For married couples, this typically includes the surviving spouse and children, but you may also want to include grandchildren, stepchildren, friends, or charities.
• Choose Executors: Select one or two trustworthy people to carry out the instructions in your will. This is a significant responsibility, so choose carefully — a family member, close friend, or professional executor can fill this role.
• List Your Assets: Make a comprehensive inventory of everything you own — property, savings, investments, pensions, life insurance, business interests, and valuable personal items.
• Consider Guardianship: If you have children under 18, appointing a guardian is one of the most important decisions in your will. Without this, the court decides.
• Consider Trusts: Think about whether any assets should pass into a trust rather than directly to beneficiaries — for example, to protect your share of the family home from care fees or sideways disinheritance.
• Sign Your Will: Sign your will in the presence of two independent witnesses, who must both be present at the same time and then sign the will themselves. Witnesses (and their spouses or civil partners) should not be beneficiaries of the will.

Most solicitors and estate planners see married couples together when preparing wills. Typically, couples with children want wills that broadly follow the pattern of “everything to the survivor on the first death, then to the children equally when we’ve both gone.” However, this simple approach — while common — may not provide adequate protection against threats like care fees, sideways disinheritance, or a beneficiary’s divorce, and more sophisticated structures should be considered.

When to Consult a Solicitor

While it’s legally possible to write your own will, there are many situations where professional advice is essential to ensure it’s valid and achieves what you intend:

As Mike Pugh often says, “The law — like medicine — is broad. You wouldn’t want your GP doing surgery.” Wills and estate planning is a specialist area, and getting proper advice can save your family thousands of pounds and years of heartache.

DIY Wills vs Professional Help

There are pros and cons to both approaches:

• DIY Wills: Can be cheaper upfront, but they carry significant risks. Common errors include incorrect execution (making the will invalid), ambiguous wording (leading to disputes), failure to consider IHT reliefs, and not accounting for how property ownership affects the will. DIY will kits are the single biggest source of contested wills in England and Wales.
• Professional Help: Costs more initially, but provides personalised advice, ensures the will is legally valid, and can incorporate tax-efficient structures like trusts. A professionally prepared will is also far less likely to be challenged.

For most married couples — especially those who own property, have children from different relationships, or want to plan for inheritance tax — seeking professional help is the sensible choice. The cost of a properly prepared will is a fraction of the cost of dealing with the problems caused by a poorly drafted one.

Updating Your Will After Marriage

Updating your will after marriage is not optional — it’s a legal necessity. Under English law, getting married automatically revokes any existing will. This means that if you had a will before your wedding and haven’t made a new one, you are currently intestate. The law will decide what happens to your estate, not you.

Significant Life Changes to Consider

Marriage is the most important trigger for reviewing your will, but several other life events should also prompt an update:

• Having children or adopting — particularly to appoint guardians and set up trusts
• Changes in your financial situation, such as receiving an inheritance, buying property, or taking out life insurance
• Divorce or separation — note that divorce revokes any gift to a former spouse in a will, but does not revoke the will itself
• Remarriage — which revokes the entire will automatically
• The death or incapacity of an executor or trustee named in your will
• Significant changes in the law, such as changes to IHT thresholds or pension rules (for example, from April 2027, inherited pensions will become subject to IHT)

Each of these events can fundamentally change how you want your assets distributed and who should benefit from your estate.

Adding Children and Other Beneficiaries

When you have children or acquire new assets, it’s essential to update your will to reflect these changes. You may want to:

1. Appoint testamentary guardians for your minor children — this is one of the most important things a will can do
2. Include provision for your children, either as direct beneficiaries or through trusts that protect their inheritance until they are mature enough to manage it (many parents choose ages 21 or 25 rather than the legal minimum of 18)
3. Add other beneficiaries, such as stepchildren, grandchildren, or charitable organisations
4. Review and update beneficiary nominations on pensions and life insurance policies, which pass outside the will

Keeping your will current ensures that your wishes are carried out accurately and helps prevent the kind of disputes that arise when a will doesn’t reflect a family’s actual circumstances.

Review Frequency for Your Will

We recommend reviewing your will every 3 to 5 years, or immediately after any significant life event. Regular reviews help ensure that your will remains effective and reflects your current wishes. When reviewing your will, consider:

• Have there been any changes in your family — births, deaths, marriages, divorces, or new relationships?
• Are your chosen executors and trustees still appropriate, willing, and capable?
• Do your beneficiaries still align with your wishes?
• Has the value of your estate changed significantly — for example, has your property increased in value to a point where IHT is now a concern?
• Have there been changes in tax law that affect your planning?

By regularly reviewing and updating your will, you can have genuine peace of mind knowing that your loved ones are protected and your estate will be managed exactly as you intend. Plan, don’t panic.

What Happens if You Don’t Have a Will?

If you’re married and don’t have a will, the intestacy rules in England and Wales will dictate exactly how your estate is divided. These rules are rigid, impersonal, and often produce outcomes that families find shocking.

The Intestacy Rules in the UK

The intestacy rules in England and Wales distribute your estate according to a fixed legal hierarchy. The rules make no distinction based on the quality of relationships, the needs of individual family members, or your personal wishes.

• If you have a spouse and children: Your spouse receives all personal chattels (personal possessions), the first £322,000 of your estate, and half of the remainder. The other half goes to your children in equal shares. If children are under 18, their share is held in a statutory trust until they reach 18.
• If you have a spouse but no children: Your spouse inherits your entire estate.
• If you have children but no spouse: Your estate is divided equally among your children.
• If you have no spouse and no children: The estate passes to parents, then siblings, then more distant relatives in a strict order.

Critically, unmarried partners, stepchildren, friends, and charities receive nothing under the intestacy rules — no matter how close the relationship.

Consequences for Spouses and Children

The consequences of not having a will can be devastating for spouses and children. Here are the key risks:

1. Your spouse may not be able to keep the family home. If the estate exceeds £322,000, your children are entitled to their share — and this could force the sale of the property to release those funds.
2. Children inherit at 18 with no restrictions. Under intestacy, children receive their inheritance outright at age 18. There is no trust protecting the money, no staggered distribution, and no safeguard against an 18-year-old spending their inheritance unwisely.
3. No provision for stepchildren. The intestacy rules make no provision for stepchildren at all — even if you raised them from birth. Only a will can protect them.
4. The probate process is slower and more complicated. Without a will, your family must apply for Letters of Administration rather than a Grant of Probate, which can take longer and requires a court-appointed administrator rather than executors you have personally chosen.

Family Disputes and Legal Challenges

When there’s no will, the potential for family disputes and legal challenges increases dramatically. Without clear instructions, relatives may disagree about everything from who should administer the estate to how specific assets should be divided.

This can lead to:

• Claims under the Inheritance Act 1975: Dependants and family members who feel they have been inadequately provided for can bring a claim against the estate. These claims are more common — and more expensive to resolve — when there is no will.
• Strained family relationships: Disputes over inheritance are among the most destructive forces in family life. Siblings who were close can become estranged over the distribution of a parent’s estate.
• Lengthy and costly legal proceedings: Contested estates can take years to resolve, with legal costs consuming a significant portion of the estate’s value — money that should have gone to your family.

The simplest and most effective way to avoid all of these problems is to have a properly drafted will that clearly sets out your intentions. Not losing the family money provides the greatest peace of mind above all else.

Special Considerations for Blended Families

For couples in second or subsequent marriages, having a will is not just about leaving assets to each other — it’s about ensuring fairness and protection for all children involved, from all relationships. Blended families face unique estate planning challenges that a standard “everything to my spouse” will simply cannot address.

Rights of Stepchildren and Stepfamilies

Stepchildren have no automatic right to inherit under the intestacy rules in England and Wales. This means that if you die without a will, your stepchildren — even those you have raised from childhood — will receive nothing from your estate. Only biological and legally adopted children are recognised under intestacy.

If you want to provide for stepchildren, you must specifically include them in your will. We strongly recommend considering this carefully, as excluding them — even unintentionally — can cause deep hurt and family conflict.

Navigating Complex Family Dynamics

One of the biggest risks in blended families is “sideways disinheritance.” This happens when the first spouse dies and leaves everything to the surviving spouse, who then remarries or makes a new will — effectively cutting out the first spouse’s children entirely. The children from the first marriage can end up inheriting nothing, while the surviving spouse’s new partner or their children receive everything.

This is not a theoretical risk — it happens regularly. The solution is to hold your share of the family home as tenants in common (rather than joint tenants) and use a trust in your will — such as an interest in possession trust — to allow the surviving spouse to continue living in the property while protecting the capital for your children. Open communication with family members about your intentions is also important, but it is the legal structure that provides the actual protection.

Importance of Clearly Defining Beneficiaries

Clearly defining beneficiaries is absolutely critical in blended families. You should review the beneficiary designations on all your financial products — pensions, life insurance policies, death-in-service benefits — because these pass outside the will and can override what your will says if the nominations are out of date.

For example, if your pension death benefit nomination still names your former spouse, they may receive the payout — regardless of what your current will says. Keeping all nominations aligned with your will is essential.

By taking the time to clearly define your beneficiaries, align all nominations with your will, and use appropriate trust structures, you can provide genuine protection for every member of your blended family.

Trusts and Wills: What You Need to Know

Understanding how trusts and wills work together is essential for comprehensive estate planning. England invented trust law over 800 years ago, and trusts remain one of the most powerful legal tools available to protect families today.

Difference Between a Will and a Trust

A will is a legal document that takes effect only after your death. It sets out who should inherit your assets and appoints executors to administer your estate. However, a will must go through the probate process before your wishes can be carried out — and during this time (typically 3 to 12 months, longer if property needs to be sold), all assets held in your sole name are frozen.

A trust, by contrast, is a legal arrangement — not a separate legal entity — where trustees hold and manage assets on behalf of beneficiaries according to the terms of a trust deed. Trusts have no separate legal personality; the trustees are the legal owners of the trust assets. A lifetime trust takes effect as soon as it’s created, meaning assets held in trust bypass probate entirely. The trustees can continue managing the assets without delay, court involvement, or the estate being frozen.

A will trust (or testamentary trust) is created within your will and only comes into effect on your death. It’s commonly used to hold your share of the family home in trust for the benefit of your children while allowing the surviving spouse to continue living there.

Advantages of Setting Up a Trust

Setting up a trust — particularly a discretionary trust — provides several key advantages for married couples:

• Bypassing probate delays: Assets held in a lifetime trust do not form part of your probate estate. Trustees can act immediately on your death without waiting for a Grant of Probate, which means your family has access to funds when they need them most.
• Privacy: A will becomes a public document once the Grant of Probate is issued — anyone can obtain a copy for a small fee. Trust deeds remain private. While trusts must be registered on the Trust Registration Service (TRS), this register is not publicly accessible.
• Protection from care fees: Assets held in a properly structured trust may be protected from local authority assessment for care fees — provided the trust was established years before any foreseeable need for care. Currently in England, anyone with assets above £23,250 is classed as a self-funder, and average care costs run between £1,100 and £1,500 per week.
• Divorce protection: Assets in a discretionary trust do not belong to any individual beneficiary — no beneficiary has a right to income or capital, which is the key protection mechanism. As Mike Pugh puts it, “What house? I don’t own a house.” This means trust assets may be excluded from divorce settlements.
• Control over distribution: Trusts allow you to specify exactly how, when, and to whom assets are distributed — for example, staggering distributions to children rather than giving everything at 18. Discretionary trusts can last up to 125 years.

For married couples, trusts are particularly valuable in preventing sideways disinheritance and ensuring that both spouses — and children from all relationships — are properly protected. You can explore more about how wills work together for couples by visiting our page on single will vs mirror will.

Choosing Between a Will, Trust, or Both

In most cases, the answer is both. A will deals with any assets that are not held in trust at the time of your death — and there will almost always be some. A trust provides additional protection for specific assets, particularly the family home. The two documents work together as part of a comprehensive estate plan.

We recommend consulting with a specialist estate planner to determine the right combination for your specific situation. For many families, a pair of wills combined with a lifetime trust for the family home provides the best balance of protection, flexibility, and peace of mind. When you compare the cost of a trust — from £850 for straightforward arrangements — to the potential costs of care fees or family disputes, it’s one of the most cost-effective forms of protection available.

What to Include in Your Will

A well-structured will is the foundation of estate planning for married couples in the UK. Getting the content right ensures your wishes are legally enforceable and your family is protected.

Key Elements of a Valid Will

For a will to be legally valid in England and Wales, it must meet specific requirements. The key elements include:

• Your full name and address, with a clear statement that this document is your will and revokes all previous wills
• The appointment of executors — the people who will administer your estate
• The appointment of guardians for any minor children
• Clear instructions on how your assets should be distributed, including any specific gifts of money, property, or personal items
• A residuary clause — specifying who receives everything that’s left after specific gifts and debts are paid
• Your signature, made in the presence of two independent witnesses who both witness your signature and then sign the will themselves

The witnesses must be present at the same time, must be over 18, and must not be beneficiaries of the will (nor married to or in a civil partnership with a beneficiary) — otherwise their gift under the will is void.

Personal Items and Sentimental Value

Personal items with sentimental value — family heirlooms, jewellery, photographs, or collections — can be the source of some of the most bitter family disputes. Many families assume these items will be divided amicably, but in practice, grief and emotion can turn small disagreements into lasting rifts.

You can include specific gifts of personal items in your will. Alternatively, you can leave a “letter of wishes” alongside your will — this is not legally binding, but it gives your executors guidance on how you’d like personal items to be distributed. This can be updated without the formality of changing the will itself.

Executors and Trustees Explained

Choosing the right executors and trustees is one of the most important decisions when creating a will as a married person.

Executors are responsible for administering your estate after your death — gathering your assets, paying any debts and taxes, obtaining the Grant of Probate, and distributing the estate according to your will. This requires integrity, organisational ability, and a willingness to take on what can be a time-consuming role. You should appoint at least one executor, and many people appoint two.

Trustees manage any trusts created by your will (or any lifetime trusts you’ve established). Their role may continue for many years — potentially decades — so it’s important to choose people who are reliable, financially competent, and likely to outlive you. A minimum of two trustees is required for trusts holding property. It’s also wise to include a clear process for removing and replacing trustees if one becomes unable or unwilling to act.

Consider appointing a mix of family members and trusted friends, or a professional trustee. The settlor of a lifetime trust can also serve as a trustee, which helps them retain a degree of involvement and control. The people you choose as executors and trustees will have a direct impact on how effectively your wishes are carried out — so give this decision the thought it deserves.

By including these essential elements, married couples can ensure their will is comprehensive, legally valid, and truly protective of their family’s future.

Seeking Professional Legal Advice

For married couples, the legal and financial implications of getting your will wrong are too significant to leave to chance. Professional advice isn’t an extravagance — it’s an investment in your family’s security.

When to Consult a Legal Expert

Consulting a specialist estate planning solicitor is advisable whenever your situation involves any degree of complexity — and most married couples’ situations are more complex than they realise. You should seek professional advice if:

• You own property (especially jointly with your spouse)
• You have children from a previous relationship or a blended family
• Your combined estate may exceed the IHT nil rate band (£325,000 per person)
• You want to set up trusts to protect assets from care fees, divorce, or sideways disinheritance
• You have business interests, overseas assets, or complex financial arrangements
• You want to ensure your Lasting Powers of Attorney (LPAs) are in place alongside your will

Remember — as Mike Pugh says, “The law — like medicine — is broad. You wouldn’t want your GP doing surgery.” Estate planning is a specialist area, and general-practice solicitors may not have the depth of expertise needed for trust-based planning.

Understanding Legal Fees and Costs

One of the most common concerns about seeking professional advice is the cost. However, when you compare the cost of properly drafted wills and trusts to the potential costs of inheritance tax (40% of everything above the nil rate band), care fees (currently £1,100 to £1,500 per week), or contested probate proceedings, professional planning is one of the most cost-effective forms of protection available.

• Straightforward wills: Available on a fixed-fee basis from most solicitors and estate planning firms
• Wills with trusts: Typically cost more, but the protection they provide can save your family tens or even hundreds of thousands of pounds
• Lifetime trust setup: From £850 for straightforward trusts, depending on complexity

To put this in perspective, a trust costs the equivalent of roughly one to two weeks of care home fees — a one-time investment compared to ongoing costs that can continue until assets are depleted to £14,250. It’s always worth discussing fees upfront so there are no surprises. A good estate planner will explain exactly what you’re paying for and why each element adds value.

Finding a Solicitor Specialising in Wills

Not all solicitors are equal when it comes to estate planning. Look for a specialist who focuses on wills, trusts, IHT planning, and asset protection — rather than a general-practice firm that handles wills as a sideline. Consider:

• Specialisation: Do they focus primarily on wills, trusts, and estate planning?
• Transparency: Do they publish their prices and explain their services clearly? Mike Pugh is the first and only estate planner in the UK to actively publish all prices on YouTube.
• Reviews and reputation: What do their clients say?
• Ongoing support: Do they offer regular will reviews and trust administration?

By seeking professional advice from a specialist, married couples can ensure that their will — and their wider estate plan — truly protects their family. Don’t leave something this important to a DIY kit or a generic template. Your family deserves better.

Conclusion: The Necessity of Having a Will

For married couples, creating a will is not just a sensible step — it’s an essential act of protection for the people who matter most to you.

Protecting Your Family’s Future

A properly drafted will ensures that your assets go to the right people, at the right time, in the right way. Combined with the right trust structures, it can protect your family home from care fees, prevent sideways disinheritance in blended families, minimise inheritance tax, and give your loved ones immediate access to funds when they need them most. Without a will, you leave all of these decisions to the rigid intestacy rules — and to chance. As Mike Pugh says, keeping families wealthy strengthens the country as a whole.

Take Action Now

We encourage you to take action today. Review your current situation, consider whether your existing will (if you have one) still reflects your wishes, and think about whether trusts should form part of your estate plan. Remember — getting married revokes any previous will, so if you’ve recently married, this should be your top priority.

Further Guidance

For further information and guidance on estate planning for married people, contact a specialist estate planner who can assess your specific circumstances and recommend the right combination of wills, trusts, and Lasting Powers of Attorney to protect your family. Plan, don’t panic — and don’t put it off.