If you’re renting, living with family, or simply feel like you “don’t have much”, it’s easy to believe that a will isn’t relevant or necessary for you.
Discover everything you need to know about the importance of a will, even if you don’t own property:
A common question we’re often asked here at Heritage Estate Planning is if you still need a will, even if you don’t own property.
This is largely due to many people assuming wills are only necessary if you have a house, a large investment portfolio, or significant wealth. If you’re renting, living with family, or simply feel like you “don’t have much”, it’s easy to believe that a will isn’t relevant or necessary for you.
The honest answer to this question is that it depends. But in far more cases than people expect, the answer is actually yes – you probably do need a will. In today’s article, I’ll explain why it’s likely for many people.
If you only take one thing from this article, make sure it’s this: if you have children under the age of 18, you need a will.
A will is the only legally recognised way to appoint guardians for your children. That means you can formally state who you want to care for them if you die before they turn 18. Without a will, you haven’t formally made that decision, and the government will make it for you.
In that situation, Social Services would step in and decide who should care for your children. While checks and assessments are carried out, your children could be placed in temporary foster care. Even if grandparents or close relatives are available and willing to look after them, there is a legal process that must be followed.
When we draft a will, we ensure guardianship is clearly documented. That gives immediate legal authority to the people you’ve chosen. We can also build in contingency planning, which would cover scenarios such as:
In these instances, we always encourage clients to name backup guardians. Life changes, and your will must reflect that too.
Guardianship alone is reason enough for many people to put a will in place, regardless of whether they own property or not.
You might not own a property, but you likely own something of significance.
This could include:
If you don’t leave specific instructions, you don’t get to choose what happens to/who receives those things. Instead, your estate will be distributed under the Rules of Intestacy, which is the government’s default system for deciding who inherits when there is no will. The key point is that if you care about where your belongings go, you need to write a will.
We often see people who assume their best friend will automatically inherit something meaningful, but that’s not how the law works. Under intestacy rules, friends receive nothing. The law follows a strict bloodline hierarchy. If you want to leave your belongings to someone outside of that structure, a will is the only way to guarantee it.
One of the biggest misunderstandings we encounter regards partners cohabiting. If you live with a partner but aren’t married, they do not automatically inherit anything under intestacy rules. No matter how long you’ve been together – whether it’s 5 years, 15 years or 30 years. Without a will, they are legally treated as a stranger.
Now, there are some exceptions when it comes to jointly owned property. If you own a home as “joint tenants”, the property may automatically pass to the surviving owner. Similarly, a joint bank account may pass to the surviving account holder.
But to answer the original question: if you don’t own property, you still need a will, especially if you are cohabiting. The savings in your name, your investments, your personal belongings, or life insurance not written in a trust – these assets do not automatically pass to a cohabiting partner.
Instead, they will follow intestacy rules and will typically go to children, parents, siblings, or more distant relatives, before a partner is even considered.
We’ve seen cases where this leads to forced house sales, financial hardship, and unnecessary family conflict. It’s rarely what people intend, but without a will, intention doesn’t matter.
Another reason we encourage people to put a will in place, even if they feel they don’t have much, is that their situation likely won’t stay the same forever.
You may inherit money in the future or start a new business. You may accumulate savings and decide to buy property later on. A will is not just about what you have today, but it’s about planning responsibly for the future.
People often think that a will is purely about money, but it isn’t. When we draft a will, we will also help you appoint executors – people you trust to handle your affairs after death.
An executor is responsible for:
If you don’t appoint executors, the court will appoint someone according to intestacy rules. That can cause delays and complications, especially if family members disagree or there are preexisting conflicts.
Some people tell us that they don’t mind what happens. Others feel strongly about choices such as burial or cremation, religious or non-religious ceremonies, music choices, dress codes, or personal messages to loved ones. A will, or a separate Letter of Wishes, allows you to express that.
Estate planning isn’t always about wealth or property. Sometimes, it’s granting you clarity and peace of mind.
There is a very rare scenario where a will may not be essential.
For example:
In that case, the law will distribute your estate to surviving parents, siblings, or other relatives in a fixed order. If you are genuinely comfortable with that outcome, you may decide not to make a will.
But most people, when they think it through, realise they would prefer to make their own decisions.
Most people don’t want to leave confusion or conflict behind. Even if they don’t have strong feelings about specific assets, they want things to be straightforward. A properly drafted will makes life easier for the people you leave behind.
To answer the original question, owning a house is not the deciding factor. If you have children under 18, a partner, savings, belongings, or simply clear wishes about what should happen after you die, a will is essential. Even if your circumstances feel simple today, they may not stay that way.
If you’re unsure, we’re always happy to talk it through. Sometimes a short conversation is all it takes to bring clarity. Will writing and estate planning do not need to be complicated, but it is a conversation that needs to happen.
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