This is a good question and it comes up a lot.

This question relates to the ‘Intestacy rules’ which determine who inherits property if a person dies without a Will. The rules typically prioritise close family members, with spouse and children at the top of the list of priority.

If you are married and don’t have a Will, the intestacyrules will prioritise your spouse as the primary beneficiary of your estate. If your spouse has died before you, those rules will then favour your children in priority.

So what is the problem? Why do married couples need a Will?

Well, I have written this article to help explain why having a Will is essential, even if you are married:

1. Your spouse may not automatically inherit everything

Many people believe that being married means all their assets will go to their spouse when they die. However, if you have children, that may not be the case.

Depending on the size of your estate, a percentage of your estate may pass to your children also. This is likely to be inconvenient for your spouse, particularly if your children are young.

A Will allows you to designate your spouse as the primary beneficiary and ensures they have the financial support they need after you’re gone.

2. Name guardians for your children

If you have young children, your Will is the legal document in which you can name their guardians. Without this, a court may decide who will care for your children, which may not reflect your preferences.

3. Provide for blended families or specific bequests

If you have children from previous relationships or dependents beyond your spouse (such as elderly parents who rely on you), a Will ensures that they are provided for if you have passed away. Without a Will, dependants may be left without the financial support that you previously gave them, which could lead to expensive and divisive legal disputes.  

4. Simplify the legal process for your family

Dying without a Will can lead to legal complications and delays in settling your estate. By having a clear, legally binding document, you avoid increasing your family’s burden of navigating these challenges during an already difficult time.

5. Letter of wishes

A Will isn’t just about dividing assets; it’s also an opportunity to express your personal wishes, such as:

• funeral arrangements
• instructions to your guardians about your children’s care and
• making gifts of sentimental items such as certain jewellery to certain individuals.

We often prepare a side letter that covers all these details that are important to you.

Conclusion

Marriage doesn’t eliminate the need for thoughtful estate planning. Drafting a Will is a proactive step that gives you control, protects your spouse and family, and ensures your wishes are respected. Regardless of your age or financial situation, having a Will is one of the most important acts to help your family after you have gone.

Disclaimer: This article provides general information and should not be considered legal advice.