--- title: "Do both spouses need a will?" description: "Yes. A will belongs to one person. Intestacy does not leave everything to a surviving spouse when there are children." url: "https://swiftwill.co.uk/do-both-spouses-need-a-will/" author: "Marcus Kaiser" date_modified: "2026-08-12" --- # Do both spouses need a will? Yes. A will is a personal legal document — it can only ever belong to one person, so each spouse needs their own. Relying on the intestacy rules instead is risky: when there are children, a surviving spouse does not automatically inherit everything, however long the marriage. > SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information. ## Does a couple share one will? A will can only ever dispose of the estate of the person who signs it. There is no practical "joint will" covering two people — so yes, both spouses (and both civil partners) each need their own. Each will deals with that person's own assets and their own wishes: who acts as executor, who would care for the children, and where everything goes. ## Does a surviving spouse automatically inherit everything? Many couples assume everything automatically passes to the survivor. Jointly owned assets often do — but anything in your sole name follows the [intestacy rules](/intestacy-rules/) if you die without a will, and those rules hold a surprise. With no children, a surviving spouse or civil partner does inherit everything. With children, the spouse receives the personal belongings, the first £322,000, and only half of what remains — the children share the other half, which can force a house sale or leave a spouse cash-poor at the worst possible moment. ## Are mirror wills the usual answer for couples? Most couples solve this with [mirror wills](/mirror-wills/) — two near-identical wills, typically leaving everything to each other first, then to the children. Each person signs their own document, and each keeps the freedom to change their own will later; the "mirror" is a choice, not a lock. ## How long does it take for both spouses to make a will? Two wills, one evening. You can each [make your will in about 15 minutes](/start/) with SwiftWill — a one-time £35 per will, with free updates for life and no subscriptions or upsells. ## Frequently asked questions ### Can't we just make one will together? No. A will is a personal legal document that can only ever speak for the person who signs it. There is no practical joint will — each spouse or civil partner needs their own document, signed and witnessed separately. ### Doesn't everything go to the surviving spouse automatically? Jointly owned assets usually pass to the survivor — but anything in your sole name follows the intestacy rules. With children, the surviving spouse receives only the personal belongings, the first £322,000 and half of the rest; the children share the other half. ### What are mirror wills? Two near-identical wills made by a couple, typically leaving everything to each other first and then to the children. Each person signs their own will, and each keeps the freedom to change their own will later. ### Do we need different executors? Not at all. Most couples name each other as executor, then name the same substitutes — often adult children or a trusted sibling — so someone can always act. ### Is it cheaper for a couple to make wills together? With SwiftWill each will is a one-time £35 with free updates for life, so two wills cost £70 all-in — no subscriptions, no upsells, and no premium for making them as a pair. Canonical HTML: https://swiftwill.co.uk/do-both-spouses-need-a-will/ Markdown: https://swiftwill.co.uk/do-both-spouses-need-a-will.md Last modified: 2026-08-12 Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)