Will My Spouse or Partner Inherit Everything?

This is a very common question. Many people assume that if they're married (or in a civil partnership), their spouse will automatically inherit 100% of their estate, so maybe a will isn't needed.

Let's break down a few scenarios to see whether your spouse or partner would inherit everything if you don't have a will:

Married with no children

If you die intestate (without a will) and you have a surviving spouse and no children, then yes – your spouse or civil partner will inherit your entire estate. In this situation, the law gives everything to the husband, wife, or registered civil partner.

Do note: an ex-spouse doesn't count; if you are divorced or your civil partnership was legally ended, your former partner wouldn't inherit under intestacy. Also, if you're just legally separated but not divorced, you are still technically spouses, so they would inherit in intestacy.

Married with children

If you have a spouse and also children, your spouse does not necessarily get everything under intestacy rules. According to GOV.UK Intestacy Thresholds, the spouse is entitled to the first £322,000 of the estate (the statutory legacy value as of 2025), all personal possessions, and half of whatever remains above £322,000. The children get the other half of the remaining estate.

In practical terms, for many everyday families (with estates under £322k), the spouse would end up with everything because the estate might not exceed that threshold. But for larger estates, the children are guaranteed a share.

Unmarried partners (cohabiting)

In these cases, if you want your partner to inherit (which most people would), you absolutely need a will. Otherwise, your estate would go to your children (if you have any) or your blood relatives, and your partner could be left in a very precarious position.

Imagine owning a house together but it was only in your name – without a will, your share might go to your children or parents, and your partner might have to move out or negotiate with your family. It can get messy, which a will easily prevents by clearly leaving assets to your partner.

Second marriages or blended families

Intestacy doesn't account well for these modern situations either. If you have a second spouse and children from a first marriage, for instance, intestacy might give the new spouse most of the estate and the children from the first marriage only a small share (or vice versa, depending on asset structure). A will is crucial here to balance what you might want each to receive.

Common misconceptions

A lot of people think "everything will just go to my wife/husband so I'm fine." As we see, that's conditional. Also, if both spouses make that assumption and something tragic happens to both (say an accident where you both pass without wills), it gets even more complicated for the extended family.

The safest approach

The safest approach is to create a will that explicitly states what you want your spouse or partner to receive. In many cases, people do choose to leave the entire estate to their spouse, which keeps things simple – but by writing a will, you remove any doubt.

You can also name backup beneficiaries (for example, "I leave everything to my spouse, but if they don't survive me, then to our children equally."). This covers all bases, including the scenario of a simultaneous or closely timed passing.

Additionally, in your will you might include provisions to protect your spouse, such as setting up a trust that allows them to live in the family home for their lifetime but then passes it to the children eventually, etc. These are more advanced techniques but illustrate the flexibility a will gives you beyond the basic intestacy outcome.

What if I'm separated or in the process of divorce?

Until a divorce is final, that person is still your legal spouse. If you were to die before it's finalised and you have no will, that estranged spouse could inherit everything, which may not be what you want. In such cases, making a will immediately after separation is highly recommended to prevent an unwanted outcome.

(After divorce, any mention of the ex-spouse in your old will is typically treated as if they died before you – but that's after the fact. During separation, they still count.)