Do I need a Will if I'm married?

Yes, in most cases. Marriage gives your husband or wife a strong position, but not always the whole estate, and never any say over who looks after your children, who sorts everything out, or what happens on the second death.

• Married, no children. Your husband or wife takes everything.
• Married with children. Your husband or wife takes your personal possessions, a fixed sum set by law, and half of what is left. The other half is split between your children. The fixed sum is reviewed from time to time, so check the current figure on GOV.UK.

That split surprises people. A surviving spouse can find part of the family's money legally belongs to the children, sometimes at a moment when they need every penny of it themselves.

• You have children under 18 and want to name guardians.
• One or both of you has children from an earlier relationship.
• You own a home together and want to be sure your share ends up where you intend.
• You want to leave something to a stepchild, a godchild, a friend or a charity. None of them inherit without a Will.
• You are separated but not yet divorced.

In England and Wales, marriage or a civil partnership usually revokes any Will you made beforehand, unless it was written specifically in expectation of that marriage. So if you made a Will years ago and have since married, it may no longer count for anything. Divorce does not cancel a Will, but it does treat your former husband or wife as having died before you, which can leave odd gaps.

Most couples make a pair of mirror Wills, each leaving everything to the other and then to the children. Where there are children from a previous relationship, or a home you want to protect, a property protection trust is often worth talking through.