Wills and Powers of Attorney for people without children: Common risks and how to avoid them

This article is written by the Eddison Cogan Legal Team, drawing on long-standing experience advising individuals and couples whose lives, relationships and priorities do not follow standard assumptions built into English succession and capacity law.

When conversations about the future begin to change

At a certain point in adult life, conversations about the future begin to change.

Questions about what happens later, who will deal with things, and who will be there start to surface. Sometimes casually. Sometimes awkwardly. Often with incorrect assumptions built in.

People without children often develop a particular skill over time: learning when to explain their life, and when not to.

When it comes to wills and powers of attorney, English law reflects many of those same assumptions. Where life does not follow a standard template, careful planning becomes more important, not less.

This article is written for people without children. Not to focus on what is absent, but to recognise the life you have built, and to explain how the law in England and Wales can be made to reflect it properly.

When there are no automatic decision-makers

One of the most significant legal differences for people without children is simple, but profound.

There is no default person who steps in.

In families with children, adult sons and daughters often become:

• executors of wills

• attorneys under powers of attorney

• informal advocates with doctors, banks and care providers

Without children, these roles do not fill themselves. If they are not consciously and carefully chosen, decisions may be made by people you would not have selected, or by institutions that do not know you at all.

This applies both during your lifetime and after death.

Wills without children: why intestacy often causes harm

Many people without children delay making a will because it feels less urgent. There is often an assumption that matters will be straightforward, or that the law will deal with things sensibly.

The law does deal with it, but impersonally.

What intestacy actually does

If you die without a will in England and Wales:

• a spouse or civil partner inherits first

• if there is no spouse, the estate passes to parents, siblings, nieces and nephews, and then increasingly distant blood relatives

• if no relatives can be found, the estate passes to the Crown

Friends, long-term unmarried partners, step-relations, godchildren, charities and people who played a central role in your life have no automatic place at all.

It is not uncommon for estates to pass to relatives the deceased had little contact with, while the people who provided companionship, care or daily support are legally invisible.

For many childless people, this feels deeply misaligned with real life, and entirely avoidable with a properly drafted will.

Unmarried partners: commitment does not equal protection

For childless couples who are not married or in a civil partnership, the risks are particularly stark.

No matter how long you have lived together:

• your partner does not automatically inherit

• they cannot deal with your estate

• they have no authority to act for you if you lose capacity

This often comes as a shock to people in long, committed relationships who reasonably assume that shared lives create shared legal standing. They do not.

A will and lasting powers of attorney are not optional in these situations. They are fundamental protections.

Married couples and the overlooked second-death issue

For married or civil-partnered couples without children, it is common to leave everything to the surviving partner. On one level, this feels entirely sensible. The difficulty arises later.

On the second death, assets pass according to whatever will exists at that point, which may not reflect earlier intentions at all.

Life inevitably changes:

• new relationships form

• loyalties shift

• health and dependency intervene

• vulnerability increases

Without thoughtful second-death planning, assets built jointly over a lifetime can pass in ways neither partner ever envisaged.

This is not about doubting people. It is about accepting that life can take unexpected turns.

“Who will look after you?” – a tired assumption, not a guarantee

Few assumptions are as persistent, or as quietly damaging, as the idea that people have children so that they will be cared for in old age.

Legally, this is not a guarantee. Practically, it is often unreliable.

Many people with children:

• live far from them

• have complex or strained relationships

• rely on professional care regardless

• find their children are unable to provide meaningful support

At the same time, many people without children have:

• deeply loyal friendships

• trusted neighbours

• partners or former partners who remain close

• strong community ties

• animals who provide routine, connection and emotional stability

Support does not reliably follow bloodlines. The law does not judge this, but it does not recognise it unless you make it visible through proper planning.

Friends, chosen family and the people who actually matter

People without children often wish to benefit those who have shared their lives in real, practical ways:

• close friends

• godchildren

• nieces and nephews

• people who offered support during illness or transition

English law allows this, but it does not protect it unless it is clearly set out.

Common difficulties include:

• vague beneficiary descriptions

• assumptions that people will work it out

• one person being asked to inherit and manage everything

Clear drafting protects both your intentions and the people you care about, ensuring generosity does not become a burden. Just as importantly, careful conversations often uncover deeper and more satisfying intentions than clients initially expect.

Choosing executors when you do not have children

Executors carry significant responsibility. Without children, people often appoint:

• siblings close in age

• trusted friends

• professional executors by default

Each option deserves thought:

• will they still be capable

• do they understand the role

• is there a suitable substitute

Executor appointments are often treated as a formality, but for childless people they require particular care. A well-chosen executor brings calm and order. A poorly chosen one can cause delay, stress and unnecessary cost.

Powers of attorney: often more important than wills

For people without children, lasting powers of attorney are often more important than wills, yet they are frequently overlooked.

If you lose mental capacity without them:

• no one automatically has authority to help

• even a spouse or long-term partner may be excluded

• decisions may be made by professionals or the Court of Protection

The result can be delay, loss of autonomy and distress at exactly the wrong time.

Who speaks for you when you cannot?

Without children, people often ask:

• who would notice if something was wrong

• who would question decisions that do not feel right

• who knows my values, not just my medical history

For many, the answer lies with friends, partners and neighbours, often those who share daily routines such as walking the dog or checking in regularly.

These relationships are real and meaningful, but legally invisible unless you appoint them.

Choosing attorneys is not just a legal exercise. It is about trust, emotional resilience and willingness to act.

Health, care and later-life decisions

People without children are statistically more likely to rely on formal care arrangements later in life.

Without powers of attorney:

• care decisions may prioritise administrative convenience over personal preference

• financial decisions may be overly cautious or poorly tailored

• disputes can arise with no clear advocate

Good planning allows your voice to be carried forward when you cannot speak for yourself.

Animals, routine and emotional wellbeing

For many childless people, animals are not a substitute for children. They are companions, anchors and sources of stability.

Dogs in particular structure daily life, encourage connection and are often the first sign when something is wrong.

Wills and powers of attorney can:

• provide properly for pets

• ensure continuity of care

• avoid distressing uncertainty

This is not sentimentality. It is practical, humane planning.

Charitable legacies and values-based choices

Many people without children choose to leave part of their estate to charity or causes aligned with their values.

This can be deeply meaningful, but only if done carefully.

Common issues include:

• charities being incorrectly named

• gifts failing due to technical errors

• unintended tax consequences

• challenges from disappointed relatives

Good drafting ensures generosity is effective, not contested.

Why templates and DIY documents often fall short

Most online will templates assume:

• a spouse

• children

• straightforward inheritance paths

They rarely address:

• second-death planning

• substitute decision-makers

• vulnerability in later life

• chosen family structures

For people without children, tailored advice is often essential rather than indulgent.

Practical steps that make a real difference

For most people without children, sound planning includes:

• a carefully drafted will

• clear executor appointments with substitutes

• lasting powers of attorney for property and finances

• lasting powers of attorney for health and welfare

• regular reviews as life evolves

These steps reflect not pessimism, but self-determination.

For people without children, legal planning is not about compensating for something missing. It is about recognising a life that may not follow a template, but is no less connected, meaningful or complete.

Wills and powers of attorney allow you to choose who matters, decide who speaks for you, and ensure the life you have built is treated with dignity.

Clarity is not fear. It is care.

Frequently asked questions

Do I need a will if I do not have children in England and Wales?

Yes. In many cases, a will is more important if you do not have children. Without a will, the intestacy rules determine who inherits your estate, and these rules do not reflect friendships, long-term unmarried partners, chosen family or charitable intentions. A carefully drafted will  that the people and causes that matter to you are properly recognised.

What happens if I die without a will and have no close family in the UK?

If no spouse, civil partner or blood relatives can be identified, your estate may pass to the Crown. Friends, carers, neighbours or long-term companions have no automatic entitlement, regardless of their role in your life.

Does my long-term partner have any automatic legal rights if we are not married or in a civil partnership?

No. In England and Wales, long-term cohabitation does not create inheritance rights or decision-making authority. An unmarried partner cannot automatically inherit, act as executor, or make decisions on your behalf if you lose capacity.

If I am married and have no children, is leaving everything to my spouse enough?

Often it is only part of the picture. Without careful planning, assets may pass on the second death in ways neither partner intended.

Who should I appoint as my executor if I do not have children?

Executors are often trusted friends, siblings or professional advisers. It is important to consider reliability, future availability and suitable substitutes.

Do I need lasting powers of attorney if I am single or do not have children?

Yes. Without them, no one automatically has authority to manage your affairs. For people without children, lasting powers of attorney for property and finances and for health and welfare are often more urgent and more protective than a will.

What happens if I lose mental capacity and have no power of attorney in place?

Decisions may need to be made through the Court of Protection, which can involve delay, cost and outcomes that feel impersonal at a vulnerable time.

If I do not have children, will my siblings automatically make decisions for me?

No. Siblings have no automatic authority unless formally appointed under lasting powers of attorney.

Can I appoint friends rather than relatives as my attorneys in England and Wales?

Yes. You may appoint anyone you trust, provided they are willing and able to act.

Can my will include arrangements for pets?

Yes. A will can make clear and practical arrangements for the care of pets, helping avoid uncertainty or distress.

Can I leave money to charity instead of family in my will?

Yes. Charitable gifts are permitted, but must be carefully drafted to ensure they take effect as intended.

Are online will templates suitable if I do not have children?

Often not. Many templates assume children and do not address second-death planning or chosen family structures.

Discussing your situation

At Eddison Cogan Lawyers, we advise people with and without children on wills and powers of attorney that reflect real lives rather than outdated assumptions. Advice is provided calmly, confidentially and with care, taking into account both legal structure and the human realities behind it.

The following note is included for clarity and completeness: This article is provided for general information purposes only and does not constitute legal advice. The law in England and Wales may change, and its application will depend on individual circumstances. Reading this article does not create a solicitor-client relationship. You should seek independent legal advice before taking or refraining from any action based on the information contained here.