Will Splitting Estate: Spouse & Children UK Guide

What this document is

A will that divides your estate between a partner and children (often called a balanced or proportional will) is simply a last will and testament where the residue (what's left after debts, taxes, funeral costs and any specific gifts) is split between two or more named groups. The proportions are entirely up to you.

Some people go 50/50 between spouse and children. Others leave a larger share to a surviving partner with the children inheriting the remainder, or give the partner a life interest in the home with the underlying value passing to the children later.

You can also carve out smaller gifts for grandchildren, siblings, friends or charities before the residue is divided. The will names executors to carry out your instructions, guardians for any children under 18, and trustees if money needs to be held for minors or vulnerable beneficiaries.

Done properly, it gives you full control over who gets what, in what proportions, and on what terms, within the limits set by English succession law and the Inheritance (Provision for Family and Dependants) Act 1975.

How to use this document

1. List what you own and what you owe. Before you can divide anything, you need a realistic picture of your estate. Write down property, savings, pensions, life policies, investments, business interests and significant personal items, then subtract mortgages and other debts. Remember that jointly owned assets and pension death benefits often pass outside the will, so flag those separately.
2. Decide on the split and name your beneficiaries. Work out the proportions you want between your spouse or partner and your children, and whether any specific gifts come off the top first. If a child has died before you, decide whether their share passes to their own children or is redistributed. Think carefully about stepchildren, as they do not inherit automatically under intestacy rules and must be named.
3. Choose executors, trustees and guardians. Executors handle the estate administration and should be people you trust to be organised and even-handed. If any beneficiary is under 18, trustees will hold their share until they reach the age you specify. For children under 18, guardians step in if both parents die, so pick someone willing and practical, and have the conversation with them first.
4. Get the will drafted and properly executed. The will must be in writing, signed by you in the presence of two independent adult witnesses who also sign, and none of those witnesses (or their spouses) can be beneficiaries. Poorly worded clauses cause real problems after death, so getting the drafting right matters more than saving a few pounds on a supermarket template.
5. Store it safely and review it regularly. Tell your executors where the original is kept, whether that's with a will storage service, your solicitor or at home in a fireproof box. Review the will after any major life event: marriage (which usually revokes an existing will), divorce, a birth, a death, buying property, or receiving an inheritance yourself.

Common questions