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Do You Need a Will If You Own Property in the UK?
If you own a house or flat, making a will should be high on your financial planning list.
You are not legally required to have a will simply because you own property. However, without one, you have much less control over what happens to your property when you die. In England and Wales, if you die without a valid will, your estate is distributed according to the rules of intestacy rather than simply according to your personal wishes.
There is one important complication: how you own the property matters. A home owned solely by you, a property owned as joint tenants and one owned as tenants in common can all be dealt with differently after death.
Understanding that distinction is a good place to start.
The Simple Answer for Property Owners
If you own property, we believe there is a strong case for having an up-to-date will.
Property is often one of the largest assets a person owns. A will gives you an opportunity to decide who should benefit from the assets that pass under it, appoint executors to deal with your estate and make your intentions clear.
Without a will, you are relying on intestacy law to determine who inherits the assets within your estate. That outcome may be acceptable to you, but it should ideally be a conscious decision rather than something discovered by your family after your death.
The first thing to establish is exactly how your property is owned.
What Happens to Your Property If You Die Without a Will?
There is no single answer because your circumstances and property ownership determine what happens.
If property forms part of your estate and you die without a valid will, it will generally pass according to the intestacy rules. Who inherits under those rules depends on factors including whether you have a surviving spouse or civil partner and which relatives survive you.
The position can be different for jointly owned property because some property passes automatically to a surviving owner rather than under a will.
This is why simply saying ‘my family will get the house’ can overlook some important details.
Joint Tenants vs Tenants in Common: Why It Matters for Your Will
If you own your home with another person, one of the most useful things you can do is establish whether you hold the beneficial interest as joint tenants or tenants in common.
The terms sound similar, but the difference can significantly affect what happens after one owner dies.
If You Own Property as Joint Tenants
As joint tenants, you have equal rights to the whole property. If one owner dies, their interest automatically passes to the surviving joint owner or owners.
You cannot use your will to leave that jointly owned interest to somebody else because it passes by survivorship.
For example, if a married couple own their home as joint tenants and one spouse dies, the surviving joint tenant normally becomes the sole beneficial owner of the property.
That does not mean the owners have no reason to make wills. They are still likely to have other assets and wishes to consider, and the surviving owner's estate will ultimately need to be dealt with too.
If You Own Property as Tenants in Common
Tenants in common each have a distinct share in the property, and those shares do not have to be equal.
Crucially, your share does not automatically pass to the other owner when you die. Your share can instead pass under your will. If you have no valid will, it can pass according to the intestacy rules.
That makes having an appropriate will particularly important where you want control over who ultimately receives your share.
What If You Own Your Home With an Unmarried Partner?
This is one situation where assuming “everything will go to my partner” can cause serious problems.
There is no “common law marriage” in England and Wales, regardless of how long a couple has lived together or whether they have children. Unmarried partners therefore do not have the same automatic inheritance position as spouses or civil partners under the intestacy rules.
How the property itself is owned is also important.
If you own the property as joint tenants, the surviving owner will normally receive the deceased owner's interest automatically.
For unmarried homeowners, checking both property ownership and your will is therefore particularly worthwhile.
What If You Have Children and Own Property?
For parents, the question is usually bigger than simply “who gets the house?”
You may need to consider who should inherit your estate, how assets should be dealt with for younger beneficiaries and who you would want to look after children under 18 if you died.
GOV.UK specifically identifies naming who should look after children under 18 as something a will should address.
These decisions can become even more important when you own property because your home may represent a substantial proportion of your estate.
A properly considered will lets you make your wishes clear rather than leaving the distribution of your estate entirely to the intestacy rules.
What If You Own More Than One Property?
If you own a second home, buy-to-let property or another property interest, your estate planning may require more thought.
Questions worth considering include:
- Who should inherit each property or your share in it?
- Is any property jointly owned?
- Do you own property with someone who is not your spouse or civil partner?
- Is there a mortgage or other liability attached to it?
- Do you own property outside the UK?
- Could your estate have an Inheritance Tax liability?
GOV.UK recommends seeking professional advice where a will is not straightforward, including situations involving overseas property, a business or property shared with someone who is not your spouse or civil partner.
Owning several properties does not necessarily mean your will needs to be complicated, but it does mean there can be more consequences to getting it wrong.
Is Owning a Property Enough Reason to Review an Existing Will?
Buying or selling a property is a sensible prompt to review your will, even if you already have one.
Your existing will may still be legally valid, but your financial position could have changed considerably since it was written. You may now own a more valuable estate, have a mortgage, own jointly with somebody else or have different priorities about who should benefit.
Official guidance recommends reviewing a will every five years and following major life changes, including moving house, marriage, divorce or having a child.
In our view, a will should not be something you write once and forget about for the next 30 years. It should continue to reflect the estate and family circumstances you actually have.
A Will Is Important, but Property Planning Can Go Further
A will is an important starting point, but it does not answer every question surrounding your property.
Depending on your circumstances, you may also need to understand how your home is owned, what would happen if a joint owner died first and whether other forms of estate planning are relevant.
Some homeowners may also want to understand the role of a Property Protection Trust. Trust arrangements are not suitable or necessary for everyone, and their legal and financial consequences depend on individual circumstances, so they should not be viewed as a substitute for tailored advice.
The aim should not be to make estate planning more complicated than necessary. It should be to make sure your arrangements actually achieve what you intend.
Common Questions From Property Owners
Is It Illegal to Own a House Without Having a Will?
No. There is no legal requirement to make a will simply because you own a property. The issue is what happens after your death. Without a valid will, assets that fall into your estate are distributed under the intestacy rules.
Does My Spouse Automatically Get My House If I Die?
Not necessarily in every situation. It depends partly on how the property is owned and what else forms part of your estate. Jointly owned property held as joint tenants normally passes automatically to the surviving joint owner.
Can I Leave My Share of a House to Someone in My Will?
If you beneficially own the property as tenants in common, your share can generally be passed under your will. If you own as joint tenants, your interest normally passes automatically to the surviving joint owner instead.
Should I Update My Will After Buying a House?
It is sensible to review it. Buying a property can substantially change the value and composition of your estate, particularly if your previous will was written before you became a homeowner.
If You Own Property, Make Sure Your Wishes Are Clear
Owning property does not legally require you to have a will. But for most homeowners, we think the more useful question is: why leave one of your largest assets to rules you did not choose?
A will can make your intentions clearer, give you greater control over assets that pass through your estate and make it easier to plan for the people who matter to you. If you own jointly, understanding whether you are joint tenants or tenants in common is equally important.
London Will Writing has helped individuals and families with estate planning since 2007. If buying a home has prompted you to think about your arrangements, you can learn more about our professional will writing service or call 01992 472475 to discuss your next steps.
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