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Do both spouses need a will?

Quick answer

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.

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 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— 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 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.

Make a will online in about 15 minutes

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Published by SwiftWill. Content updated 12 August 2026. General information for England and Wales. Sources are linked in the guide; publication is not an individual legal review.