Do I need a will under 40 UK?
When you’re in your 20s or 30s, life tends to revolve around building—your career, your home, your family. Planning for death can feel distant, even unnecessary.
But in England and Wales, not having a will can create real problems—regardless of your age. A will isn’t really for you; it’s a way to protect the people you care about if the unexpected happens.
If you’re under 40, it’s easy to assume your estate is too small to matter. In reality, estate planning is about far more than wealth. Here’s what you need to know.
Check out my guide: Writing a valid Will in England and Wales: A clear legal guide
Why having a will matters before 40
A will sets out who should inherit your estate, who should manage it, and—crucially—who should care for your children.
Without one, the law decides. In England and Wales, this means your estate is distributed under the Rules of Intestacy, which follow a strict order of priority. These rules often don’t reflect modern relationships or personal wishes.
The myth of “everything goes to my partner”
This is one of the most common—and risky—assumptions.
If you’re married or in a civil partnership
Your spouse or civil partner will usually inherit most (or all) of your estate. However, if your estate exceeds a certain threshold and you have children, it may be split.
If you’re cohabiting but unmarried or in a civil partnership
This is where things become serious. There is no such thing as a “common law spouse” in England and Wales. If you die without a will:
- Your partner has no automatic right to inherit
- They may receive nothing at all
- They could even face legal challenges over your shared home
This is especially important if:
- The property is in your sole name
- You own as tenants in common
Protecting your children’s future
If you have children, a will is essential—not optional.
Choosing legal guardians
If both parents die without a will:
- The court decides who looks after your children
- The outcome may not reflect your wishes
By naming guardians in your will, you retain control over one of the most important decisions possible.
Managing money for children
A will also allows you to set up a trust, ensuring:
- Assets are managed responsibly by trustees
- Children don’t automatically inherit everything at 18
- You can choose a more appropriate age (e.g. 21 or 25)
Managing your digital legacy
Your “estate” now includes more than physical assets. Think about:
- Online banking and savings
- Cryptocurrency
- Cloud storage (e.g. photos, documents)
- Social media accounts
Without clear instructions, accessing these can be difficult or even impossible for your family.
A modern will can:
- Appoint someone to manage digital assets
- Provide guidance on access or deletion
- Help avoid legal and practical complications
See my comprehensive guide: Digital assets in a will (UK): What they are and how to include them
Do I need a will under 40 UK: Why mental capacity matters at any age
Creating a valid will requires mental capacity—you must understand what you’re doing and its effects. While this is often associated with later life, loss of capacity can happen at any age due to:
- Accidents
- Illness
- Sudden medical events
If mental capacity is lost before a will is made, decisions may be made by the courts.
What happens to your debts and funeral expenses
A will also helps your executors manage practical matters.
Debts
Your estate is used to settle:
- Mortgages
- Loans
- Credit cards
A clear will makes this process smoother and more transparent.
Funeral wishes
You can include guidance on:
- Burial or cremation
- Type of service
- Personal preferences
While not legally binding, this can relieve your family of difficult decisions.
You may also be interested in: Who is legally responsible for paying for a funeral?
“I’m not wealthy enough to need a will”
This argument doesn’t hold up in practice. Your estate may include:
- A workplace pension
- Life insurance
- Savings
- Personal possessions (known legally as “chattels”)
Even modest estates can lead to disputes without clear instructions. A will:
- Reduces uncertainty
- Prevents family conflict
- Ensures your wishes are followed
How to make a legally valid will in the UK
I always advise clients to instruct a solicitor when drafting a will. Given the significant scope for error and the risk of unintended consequences, professional guidance is invaluable. However, whether driven by cost concerns or a general reluctance to engage with the legal profession, I recognise that some will always prefer the DIY route—be it through online platforms or manual kits.
Should you choose the DIY route, always read the Government’s guidance on making a will.
This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.
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