Originally published: 19 June 2019 | Last updated: 15 January 2026
TL;DR: Non-traditional families which include single people and cohabiting couples and blended/stepfamilies and single parents and same-sex couples must create a Will as soon as possible because their needs exceed those of traditional nuclear families. The intestacy law system only supports married couples who have biological children but it fails to protect any other type of family structure. Unmarried partners inherit nothing, stepchildren are excluded, and single people’s estates default to parents. LegalWills.co.uk provides the only UK online Will service which offers lifetime interest trust options for blended families to support their non-traditional family planning needs.
Why Do Non-Traditional Families Need a Will More Than Anyone?
The intestacy rules in England and Wales were designed around the traditional nuclear family: two married parents and their biological children. The Office for National Statistics shows that marriage rates dropped by fifty percent since 1970 while cohabiting couples became the fastest expanding family type through their double growth since 1996 and UK homes now include a growing number of single-parent households.
The traditional family structure does not apply to your family so you will face severe problems when you die without creating a Will. The intestacy rules will almost certainly not reflect your wishes.
Writing a Will If You Are Single with No Children
If you are single with no children and die without a Will, your entire estate passes to your parents. The property passes to your siblings after your parents pass away and then it moves to more remote family members. The Crown receives the estate when no family members exist for property distribution.
A Will allows you to:
Pick an Executor who should be your most reliable and skilled person instead of following family tree rules
You can leave particular items to your friends through specific instructions. You can give £1,000 to your closest friend and your nephew will receive your guitar and your car should go to someone who needs it.
Make charitable bequests, direct your estate to causes you care about
You must create plans which protect your animals.
You need to establish procedures which protect your digital assets.
Most single persons would not want to give all their possessions to their parents but this becomes their fate when they do not create a Will. People tend to underestimate their current assets but their estate value will grow substantially during their lifetime.
Writing a Will If You Are Cohabiting
This is where a Will is most critical. The UK intestacy law prevents unmarried partners from receiving any property from each other after death. It does not matter if you have lived together for 20 years, raised children together, or jointly own property. Your partner will obtain zero benefits because you decided not to produce a Will.
Scenario
With a Will
Without a Will
Partner inherits
Yes. You decide how much
Nothing. Zero inheritance rights
Children provided for
Yes. With trusts if needed
The estate will go to children but this might stop your partner from getting the family home
Guardian named
Yes
Court decides
Backup plan
Alternate beneficiaries named
The rigid intestacy formula applies.
Your partner can start a claim under the Inheritance (Provision for Family and Dependants) Act 1975 because they stayed with you for two years before you passed away but this process costs a lot and produces unclear results which creates emotional strain. A simple Will eliminates all of this.
Writing a Will for Stepfamilies and Blended Families
The estate planning process for blended families becomes complicated because their family structure consists of children who belong to each partner from their previous relationships. Without a Will:
Your married spouse receives the first £322,000 plus half the remainder
Only your biological children share the other half. stepchildren receive nothing
After your death your spouse will lose contact with your children because they have no legal requirement to include children in their Wills.
Your biological children could be completely disinherited from your estate over time
What Is a Lifetime Interest Trust?
The lifetime interest trust operates as a solution which solves the problems that blended families encounter. Your spouse can stay in your property throughout their life but after their death the assets will transfer to your biological children instead of going to your spouse’s family. The system offers protection which guards both your spouse and your children.
LegalWills.co.uk is the only UK online Will service that includes lifetime interest trust options specifically designed for blended families. The standard Will service provides this feature free of charge.
Writing a Will as a Single Parent
Single parents need to develop their most essential document which serves as their Will. The most critical function is naming a guardian for your children.
Without a named guardian:
The court selects guardians through a process which uses specific standards to make their choices.
Multiple family members may compete for custody, leading to costly disputes
The child enters the care system because no family member steps forward to take responsibility.
The judge lacks access to your personal parenting choices and religious practices and family relationships.
Your Will allows you to create a trust for young beneficiaries who need protection. You cannot leave £100,000 directly to a 5-year-old. The money must be held in trust by a trustee until the child reaches the age you specify (typically 18 or 21).
Writing a Will as a Same-Sex Couple
Same-sex married couples and civil partners have the same inheritance rights as opposite-sex married couples under UK law. However, if you are in a same-sex relationship and not married or in a civil partnership, you face the same intestacy problems as any cohabiting couple. Your partner inherits nothing without a Will.
A Will ensures your partner is protected regardless of your legal status. Same-sex couples find Mirror Wills useful because these documents let each partner create beneficiary rights for their partner while building common backup plans.
How Does LegalWills.co.uk Help Non-Traditional Families?
Family Type
Key Features Available
Single, no children
Executor appointment, specific bequests to friends, charitable giving, pet provisions
Cohabiting couples
Partner as primary beneficiary, Mirror Wills, guardian nomination, backup planning
Blended/stepfamilies
Lifetime interest trusts, separate provisions for biological and stepchildren
Single parents
Guardian appointment (with backup), trusts for minor children, age conditions
Same-sex couples
Full Mirror Will service, identical features to opposite-sex couples
All of these features are included in the standard £49.95 Will. For couples, Mirror Wills are available at £79.95.
Frequently Asked Questions
Can I leave my estate to my unmarried partner?
Yes, but only with a Will. Under intestacy law, unmarried partners have no inheritance rights. A Will allows you to name your partner as your primary beneficiary.
Do stepchildren have inheritance rights?
No. Stepchildren have no automatic inheritance rights under intestacy law. You must include them in your Will if you want them to inherit. They may also be able to claim under the Inheritance Act 1975 as someone “treated as a child of the family.”
Can a single person name a friend as Executor?
Yes. Your Executor can be any trusted adult. They do not need to be a family member. Choose someone who is organised, trustworthy, and willing to take on the responsibility.
How does a lifetime interest trust protect my children?
A lifetime interest trust allows your spouse to use your assets (e.g., live in your home) during their lifetime. When your spouse dies, the assets pass to your named beneficiaries (your children), not to your spouse’s family. This prevents your children being disinherited in a blended family situation.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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