You do not need a will to buy a house, and your mortgage lender will not ask for one. But buying a home is usually the moment a will matters most. It is probably the most valuable thing you will ever own, and without a will the law, not you, decides who inherits your share of it. This guide explains why you should make or update a will when you buy a house in England and Wales, how the way you own the property changes what happens on your death, and what to put in place alongside your purchase.
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Key takeaway: making a will when you buy a house • A will is not a legal requirement for buying a house or getting a mortgage, but without one the intestacy rules decide who inherits. • If you buy with someone else, how you own the property matters. Joint tenants’ shares pass automatically to the survivor; tenants in common’s shares will pass as part of their estate, either under the rules of intestacy or the terms of their will Unmarried partners have no automatic right to inherit under the intestacy rules, so a will is essential if you buy with a partner you are not married to or in a civil partnership with. |
Book a will appointment alongside your purchase
Andrew Milburn, Partner and Head of Wills, Probate and Estate Administration, Levi Solicitors LLP. Levi Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority (SRA number 440411). Our wills team works alongside our conveyancers, so your will can reflect exactly how you are buying.
| What is a will?
A will is a legally binding document setting out who should receive your assets after your death and who should deal with your estate. It covers money, investments, possessions and property, including your home or your share of it. A will can also appoint guardians for children, set up trusts and allow someone to keep living in your home after you die.
To be valid in England and Wales, a will must be in writing, signed by you in the presence of two witnesses, and signed by those witnesses in your presence. The witnesses should not be people who benefit under the will, or their spouses or civil partners. Wills Act 1837, section 9
| What happens if I die without a will?
If you die without a valid will, you die “intestate”, and your estate passes under the intestacy rules. Only married partners, civil partners and certain blood relatives can inherit under these rules:
- Married or in a civil partnership, no children: your spouse or civil partner inherits your estate.
- Married or in a civil partnership, with children: your spouse or civil partner receives your personal possessions, the first £322,000 of the estate and half of the rest. Your children share the other half.
- Not married or in a civil partnership: your estate passes to your children, then parents, then siblings and more distant relatives. An unmarried partner receives nothing automatically.
Who can inherit if someone dies without a will who can inherit if there is no will
The intestacy rules can produce results people do not expect. A spouse you have separated from, but not divorced, still inherits. A long-term partner you are not married to does not, and would have to bring a court claim under the Inheritance (Provision for Family and Dependants) Act 1975 to receive anything.
| Do I need a will if I am buying a house with someone else?
If you are buying a house with someone else, your conveyancer will ask how you want to own it. There are two options, and they work very differently on death.
| Joint tenants | Tenants in common | |
|---|---|---|
| Ownership | You both own the whole property, with no separate shares | Each of you owns a defined share, equal or unequal |
| On death | The property passes automatically to the survivor | The deceased’s share passes under their will or the intestacy rules |
| Does a will control the property? | No, not while the other owner is alive | Yes |
| Often suits | Married couples wanting everything to pass to each other | Unmarried couples, unequal contributions, second marriages, friends buying together |
Joint tenants
Buying as joint tenants means you both own the whole property together, with no specific shares. This applies even where one of you paid more of the deposit or pays more of the mortgage. If one owner dies, the property passes automatically to the other, who becomes the sole owner. The person who died cannot leave the property to anyone else in their will.
A will still matters for joint tenants. It deals with the rest of your estate, and it decides what happens to the whole property if you are the surviving owner, or if you both die together.
Tenants in common
Buying as tenants in common means each owner holds a specific share, such as 50/50, 70/30 or 90/10, depending on contributions. On death, that share does not pass automatically to the other owner. It passes under your will, or under the intestacy rules if you do not have one.
This is often the right choice for people who want their share to go to children from a previous relationship, who have contributed different amounts or who want to put their share into a trust. It only works as intended if both owners make wills, and a declaration of trust recording the shares is strongly recommended. joint tenants and tenants in common
| Do I need a will if I am buying a house by myself?
Yes. If you buy in your sole name, the property is entirely your own asset. Without a will, the intestacy rules decide who inherits, and people you would not choose, such as an estranged spouse, may benefit while those you would choose, such as a partner, may not.
Sometimes someone else lives with you, such as a partner or elderly relative. A will can give them the right to continue living in your home for as long as they need, while ensuring the property ultimately passes to your children or other beneficiaries.
| What should your will cover when you buy a home?
- Who inherits your home or your share of it, and whether anyone can live there first.
- Executors you trust to deal with the sale or transfer of the property.
- Guardians for children under 18.
- The mortgage. Debts secured on the property are normally paid from the share of the person who inherits it, so check whether life insurance will clear the mortgage.
- Inheritance tax. Leaving your home to children or grandchildren can qualify for the residence nil rate band of up to £175,000, on top of the standard £325,000 nil rate band. inheritance tax planning
- Future care costs, which some people plan for through trusts in their wills. care home fees
The best time to make your will is while your conveyancing file is open. Your ownership decisions and your will need to match, and a mismatch is one of the most common problems we see when an estate is administered. Andrew Milburn and our wills team can arrange a will appointment to run alongside your purchase, and Levi Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority. Book an appointment
| Will making a will slow down the conveyancing process?
No. Making a will at the same time as buying a property does not slow down or interfere with the conveyancing process, and it will not affect your purchase in any way.
| When should you review your will?
Review an existing will whenever you buy or sell a property, and after any big life event. Pay particular attention to:
- Marriage or civil partnership, which normally cancels (revokes) an existing will unless it was made in contemplation of that marriage.
- Divorce or dissolution, after which a former spouse is treated as having died for the purposes of your will. Separation alone does not have this effect.
- Having children or grandchildren.
- A change in how you own your home, such as severing a joint tenancy.
We offer a free will review service.
| Frequently asked questions
Do you need a will to get a mortgage?
No. Mortgage lenders do not require you to have a will. However, most people buying with a mortgage take on significant debt secured on their home, which is a good reason to make a will and review life insurance at the same time.
What happens to a house if one joint owner dies without a will?
If you own as joint tenants, the house passes automatically to the surviving owner, will or no will. If you own as tenants in common, the deceased owner’s share passes under the intestacy rules, which may mean it goes to their relatives rather than the surviving co-owner.
Does my partner inherit my house if we are not married?
Not automatically. An unmarried partner has no right to inherit under the intestacy rules. Unless you own as joint tenants or leave your share to your partner in a will, they may have to go to court to claim.
Can I leave my share of a house to my children?
Yes, if you own your share as a tenant in common, you can leave it to your children in your will. If you own as joint tenants, you would first need to sever the joint tenancy to create a separate share.
This article is general information about the law of England and Wales and is not legal advice on your circumstances.
| Frequently asked questions
Do you need a will to get a mortgage?
No. Mortgage lenders do not require you to have a will. However, most people buying with a mortgage take on significant debt secured on their home, which is a good reason to make a will and review life insurance at the same time.
What happens to a house if one joint owner dies without a will?
If you own as joint tenants, the house passes automatically to the surviving owner, will or no will. If you own as tenants in common, the deceased owner’s share passes under the intestacy rules, which may mean it goes to their relatives rather than the surviving co-owner.
Does my partner inherit my house if we are not married?
Not automatically. An unmarried partner has no right to inherit under the intestacy rules. Unless you own as joint tenants or leave your share to your partner in a will, they may have to go to court to claim.
Can I leave my share of a house to my children?
Yes, if you own your share as a tenant in common, you can leave it to your children in your will. If you own as joint tenants, you would first need to sever the joint tenancy to create a separate share.
This article is general information about the law of England and Wales and is not legal advice on your circumstances.
