Writing a will is one of the most practical steps you can take to protect your family and ensure your estate passes to the people you intend. Without one, your assets are distributed under the intestacy rules set out in the Administration of Estates Act 1925, rules that follow a fixed legal hierarchy, not your personal wishes. This guide covers everything you need to know: who can make a will, what to include, the legal requirements under the Wills Act 1837, how much it costs, and when professional help adds genuine value.

Key Takeaways

• To make a valid will in England and Wales, you must be aged 18 or over and have testamentary capacity at the time of signing.
• Your will must be signed in the presence of two independent witnesses, both of whom must also sign. If a beneficiary or their spouse witnesses the will, the will stays valid but that beneficiary loses their gift (Wills Act 1837, s.15).
• A will is not a one-off document. It needs updating whenever your personal or financial circumstances change significantly.
• Professional advice is not a legal requirement, but it substantially reduces the risk of a disputed or invalid will, particularly where property, trusts, or inheritance tax are involved.

Why Making a Will Matters?

A will is a legally binding document that records how you want your estate to be administered after your death. It gives you control over who inherits your assets, who looks after your minor children, and how your estate is managed during the administration period.

Without a will, the intestacy rules apply automatically. Under these rules, an unmarried partner, however long-standing, receives nothing. Stepchildren are also excluded. The rules prioritise a specific legal order of relatives, which may bear little resemblance to your actual family circumstances or intentions.

Beyond asset distribution, a will allows you to:

• Appoint guardians for children under 18
• Name the executors who will administer your estate
• Make specific gifts of property, money or personal items
• Leave a legacy to a charity
• Establish trusts to protect assets for beneficiaries who may not be ready to inherit outright
• Provide for dependants who fall outside the intestacy hierarchy

A will also forms a key part of broader estate planning alongside lasting powers of attorney and inheritance tax mitigation strategies.

Who Can Write a Will in the UK?

In England and Wales, you can make a valid will if you meet all three of the following conditions:

1. Age: You must be 18 or over. The only exception is members of the armed forces on active service, who may make a will at any age.
2. Testamentary capacity: You must understand the nature and effect of making a will, the extent of the property you are disposing of, and the claims of people who might reasonably expect to benefit. This is the legal standard established in Banks v Goodfellow (1870).
3. Acting freely: The will must be made voluntarily. A will made under undue influence or duress can be challenged and set aside.

If there is any doubt about capacity, for example where the person has dementia or another cognitive condition, a medical assessment and a solicitor’s attendance at signing are advisable. A solicitor’s file note prepared at the time of drafting can significantly reduce the risk of a later dispute.

What to Include in a Will: A Checklist

A well-drafted will should address each of the following elements.

• Your full legal name, address and date of birth
• A clear revocation clause, cancelling all previous wills and codicils
• Appointment of one or more executors (and ideally a substitute executor)
• Appointment of guardians if you have children under 18
• Specific gifts: named items or sums to named individuals or organisations
• Residuary estate: who receives everything not covered by specific gifts
• Trusts for minor beneficiaries or those who need long-term financial support
• Funeral wishes (advisory only, not legally binding, but useful)
• Signature, date and witness signatures

Important (England and Wales): Marriage after the date of your will automatically revokes it (Wills Act 1837, s.18). This rule does not apply in Scotland. Divorce does not revoke a will but removes the former spouse as a beneficiary and executor. Review your will promptly following any change in marital status.

Step-by-Step: How to Write a Will

Step 1: List Your Assets and Liabilities

Draw up a clear picture of your estate. Include property (noting whether it is held as joint tenants or tenants in common), bank and savings accounts, investments, pensions, life insurance policies, business interests, vehicles and significant personal items. Also list debts, mortgages and liabilities. These are paid from the estate before beneficiaries receive anything.

Step 2: Decide Who Inherits What

Be specific. Use full legal names for beneficiaries. Describe assets precisely, for example “the property known as [address] registered at HM Land Registry under title number [X]” rather than “my house.” Vague wording is one of the most common sources of disputes after death.

Step 3: Choose Your Executors

Executors manage the legal and administrative process of settling your estate. They obtain the grant of probate, pay debts and taxes, and distribute assets to beneficiaries. Choose people who are organised, trustworthy and willing to take on the role, as it can be time-consuming. You can appoint a professional executor such as a solicitor or will writing specialist as a sole or co-executor, particularly for larger or more complex estates.

Step 4: Appoint Guardians (If Applicable)

If you have children under 18, naming a guardian is one of the most significant decisions your will can make. Speak to the proposed guardian in advance to confirm they are willing to take on the responsibility. You can also leave guidance for the guardian about how you would like your children to be raised, though this is advisory rather than legally enforceable.

Step 5: Consider Whether Trusts Are Appropriate

Trusts within a will (sometimes called testamentary trusts) allow you to pass assets to beneficiaries under controlled conditions. Common uses include protecting assets for minor children until they reach a specified age, providing for a surviving spouse while preserving capital for children from an earlier relationship, and protecting the interests of vulnerable or disabled beneficiaries.

Step 6: Draft, Sign and Witness the Will

Your will must comply with the formal requirements of the Wills Act 1837 to be valid:

• The will must be in writing (handwritten or typed).
• You must sign it, or direct someone else to sign in your presence if you are physically unable to do so.
• Two witnesses must be present at the same time and must each sign the will in your presence. Witnesses do not need to sign at the same time as each other, but both must sign while you are present.
• Witnesses must be aged 18 or over and must not be beneficiaries under the will, or the spouse or civil partner of a beneficiary. If they are, their gift (but not the will itself) is void under s.15 Wills Act 1837.

Step 7: Store the Will Safely

Keep the original will somewhere secure, with your solicitor, a will writing specialist, or a professional document storage service. The National Will Register (operated by Certainty, the Law Society’s preferred provider) allows you to register the existence and location of your will so it can be traced after your death. Let your executor know where the will is held. A will that cannot be found is treated as though it does not exist.

Can You Write a Will Without a Solicitor?

There is no legal requirement to use a solicitor or specialist will writer. A handwritten or typed will that meets the formalities of the Wills Act 1837 is legally valid. DIY will kits and online will-writing services are available and may be suitable for straightforward situations: a single person with no dependants, modest assets, and no inheritance tax concern, for example.

Professional involvement becomes increasingly valuable where your circumstances involve any of the following:

• Property held jointly, or as tenants in common
• An estate likely to exceed the nil-rate band (currently £325,000, or up to £1 million with the residence nil-rate band applied to a surviving spouse)
• Business interests, agricultural property or overseas assets
• Children from previous relationships, blended families or dependants with additional needs
• Concerns about family disputes or potential challenges to the will
• A wish to establish trusts within the will

Errors in a self-drafted will can be expensive or impossible to correct after death. The cost of professional advice is modest relative to the potential cost of a contested or invalid will.

How Much Does It Cost to Write a Will in the UK?

Type of Will	Approximate Cost	Notes
Online DIY will	Free to £30	Suitable only for very simple estates
Will writing specialist (single)	£100 to £300	Check for Society of Will Writers membership
Will writing specialist (mirror wills)	£200 to £500	Two wills for a couple with matching intentions
Solicitor (single will)	£150 to £500+	Higher for complex estates, trusts or IHT planning
Will with testamentary trust	£400 to £1,000+	Depends on trust type and estate complexity

Costs vary depending on the provider and the complexity of your estate. Some solicitors and will writing services charge a fixed fee; others charge by the hour. Always confirm the fee structure before instructing.

Common Mistakes When Writing a Will

Using Vague or Ambiguous Language

Phrases such as “my jewellery to be shared equally” or “my money to my children” invite dispute. Courts are left to interpret ambiguous wording, which takes time, incurs costs and may produce an outcome you did not intend. Be precise.

Failing to Name a Substitute Beneficiary

If a beneficiary dies before you and no alternative is named, their gift falls into the residue of your estate or, in some cases, passes under intestacy rules. Name substitutes wherever possible.

Not Updating the Will After Major Life Events

A will should be reviewed after any significant change in your circumstances: marriage, divorce, birth of a child or grandchild, death of a named beneficiary or executor, or a material change in the value or composition of your estate. There is no fixed interval that suits everyone. The trigger is change, not the passage of time.

Naming an Executor Who Is Unsuitable or Unwilling

Discuss the role with your proposed executor before naming them. Administering an estate can take twelve months or more and involves dealing with HMRC, financial institutions and, where necessary, the courts. An executor who is elderly, infirm, abroad or simply not prepared for the task can cause significant delays.

Overlooking Inheritance Tax

For estates above the nil-rate band thresholds, careful planning can make a meaningful difference to what your beneficiaries receive. Strategies such as gifts during your lifetime, charitable legacies, business property relief and trust structures all interact with the terms of your will. Early specialist advice is worthwhile.

Failing to Account for Digital Assets

Online accounts, cryptocurrency holdings, digital photography archives and intellectual property in digital form are increasingly significant parts of an estate. Include clear instructions about these assets and, where appropriate, access information held separately in a secure location.

Legal Requirements for a Valid Will in England and Wales

Under the Wills Act 1837, a will is only valid if it meets the following formal requirements:

• It must be in writing
• It must be signed by the testator (or by another person in the testator’s presence and at their direction)
• The testator’s signature must be made or acknowledged in the presence of two or more witnesses present at the same time
• Each witness must sign the will, or acknowledge their signature, in the presence of the testator

Scotland operates under a distinct legal system governed by the Requirements of Writing (Scotland) Act 1995. In Scotland, a will requires only one witness (who must be aged 16 or over), and the testator should sign each page. Importantly, marriage does not automatically revoke a will in Scotland, which is a significant difference from the law in England and Wales. In Scotland, divorce or dissolution of a civil partnership will prevent the former spouse or civil partner from acting as executor or beneficiary. Northern Ireland follows rules broadly similar to England and Wales. If you have assets in more than one jurisdiction, obtain specific advice about whether a single will or multiple jurisdiction-specific wills are appropriate.

When to Update Your Will

Review your will after any of the following events:

• Marriage or entering a civil partnership (marriage automatically revokes a will in England and Wales)
• Separation, divorce or dissolution of a civil partnership
• Birth, adoption or death of a child or grandchild
• Death of a named executor or beneficiary
• Significant change in asset values, property ownership or business interests
• Moving to or acquiring assets in another jurisdiction
• Changes in tax law that affect your estate planning position

Minor changes can be made by adding a codicil, a formal supplement to the will that must be executed with the same formalities as the original. Significant changes generally warrant a new will. Never alter an existing will by crossing out text or adding handwritten notes without proper legal execution. Unapproved amendments are ignored and can cast doubt on the validity of surrounding provisions.

How a Specialist Will Writer Can Help

A specialist will writer or solicitor provides more than just document drafting. They bring knowledge of current tax legislation, estate planning structures and the formalities required to ensure your will stands up to scrutiny. Specifically, professional involvement helps with:

• Identifying inheritance tax planning opportunities and the interaction between your will and lifetime planning
• Advising on trust structures including testamentary discretionary trusts, life interest trusts and trusts for vulnerable beneficiaries
• Ensuring the will accurately reflects complex family circumstances, including blended families and dependants with additional needs
• Reducing the risk of a future challenge to the will’s validity
• Advising on the interaction between jointly held property and your will, since jointly held assets passing by survivorship do not pass under the will

HeirPlan’s will writing services combines estate planning expertise with a clear understanding of inheritance tax and trust law, ensuring your will forms part of a coherent long-term plan rather than an isolated document.

Summary

A valid will is straightforward in principle but demands care in practice. It must meet the formal requirements of the Wills Act 1837, name the right people, use precise language and reflect your actual intentions at the time of signing. More importantly, it should be revisited whenever your life changes. For straightforward estates, a DIY or online will may suffice. For anything involving property, trusts, tax planning or blended families, professional advice is a sound investment and one that pays for itself many times over by avoiding the disputes, delays and tax inefficiencies a poorly drafted will can leave behind.

Frequently Asked Questions

What happens if I die without a will in the UK?

Your estate is distributed under the intestacy rules (Administration of Estates Act 1925). These rules prioritise your spouse or civil partner and then blood relatives in a fixed order. Unmarried partners, stepchildren and close friends receive nothing regardless of the length or nature of your relationship with them. If no qualifying relatives can be traced, the estate passes to the Crown.

Can I write my own will without professional help?

Yes, provided it meets the formal requirements of the Wills Act 1837. A self-drafted will is legally valid if it is in writing, signed by you in the presence of two independent witnesses who also sign. The risk lies in the drafting itself. Ambiguous wording, overlooked assets or incorrect execution can make the will difficult or impossible to administer as intended. Professional involvement is advisable for anything beyond a very simple estate.

How do I choose an executor for my will?

Choose someone who is organised, reliable and prepared to take on a potentially complex administrative task. The executor will need to apply for probate, deal with HMRC on inheritance tax and income tax matters, collect in assets, pay debts, and distribute the estate, a process that typically takes between six and eighteen months. You can appoint up to four executors. For larger or more complex estates, consider appointing a professional executor alongside a family member.

How often should I update my will?

There is no set interval. Review your will after any significant change: marriage, divorce, birth of a child, death of a beneficiary or executor, a substantial change in your assets, or changes in tax legislation that affect your estate. A will that remains unchanged for many years may no longer reflect your intentions or circumstances, not because time has passed, but because life has changed.

Can a beneficiary witness a will?

A beneficiary can legally witness your will, but if they do, their gift under the will is void. The will itself remains valid, but the witnessing beneficiary loses their entitlement. The same applies to the spouse or civil partner of a beneficiary who acts as a witness. To protect every gift in your will, choose witnesses who have no interest in the estate.

Where should I store my will?

Store the original in a secure location, typically with a solicitor, will writing specialist, or a professional will storage service. You can also register its existence and location with the National Will Register (operated by Certainty), which can be searched by executors after your death. Tell your executor where the will is kept. A will that cannot be found has the same legal effect as no will at all.

Does getting married invalidate my existing will?

In England and Wales, yes. Marriage automatically revokes any existing will unless the will was made in contemplation of that specific marriage and states this explicitly (Wills Act 1837, s.18). If you die after marrying but before making a new will, your estate passes under the intestacy rules. Update your will promptly after any change in marital status. This rule does not apply in Scotland, where marriage does not automatically revoke a will, though divorce in Scotland will remove a former spouse’s entitlement.

This article is intended for general information purposes and does not constitute legal advice. Will writing law differs across England and Wales, Scotland, and Northern Ireland. For advice tailored to your specific circumstances, contact a qualified estate planning specialist.