How to write a will in the UK

A will is a legal document that says who gets your money, property, and possessions after you die. Without one, the law decides for you — and the intestacy rules rarely match what most people would choose. Writing a will is simpler than most people expect. A straightforward will can be drafted in an afternoon, and once it is signed and witnessed correctly it is legally binding.

This guide walks you through every step: what to include, how to make it legally valid, whether you need a solicitor, and what it costs. Everything here applies to England and Wales — the rules in Scotland and Northern Ireland differ.

What a will can (and can’t) do

A will lets you:

• Choose who inherits your assets — property, savings, investments, personal possessions, and digital assets
• Name an executor — the person who will administer your estate after you die
• Appoint guardians for children under 18
• Leave specific gifts — a piece of jewellery to a friend, a donation to a charity
• Set out your funeral wishes — burial or cremation, type of service, location

There are some things a will cannot control:

• Jointly owned property held as joint tenants passes automatically to the surviving owner by right of survivorship — it does not form part of the estate the will distributes
• Pensions with a nominated beneficiary — most pension schemes pay death benefits to whoever you nominated with the scheme, regardless of what the will says
• Life insurance written in trust — the policy proceeds go to the trust beneficiaries, outside the estate
• Assets already placed in a trust during your lifetime are governed by the trust deed

Understanding these boundaries helps you plan properly. If most of your wealth sits in a pension or a jointly owned home, the will may have less to distribute than you expect.

Do you need a solicitor?

You are not legally required to use a solicitor. For a simple estate — one property, savings, clear beneficiaries, no complications — a DIY will or online will-writing service is a reasonable option.

However, a solicitor is strongly recommended if your situation involves any of the following:

• Property in more than one country
• Business interests or agricultural land
• A blended family (children from previous relationships)
• An estranged spouse or ex-partner who might contest the will
• A beneficiary with a disability who receives means-tested benefits (a discretionary trust may be needed)
• Inheritance tax planning (if your estate exceeds the £325,000 nil-rate band)

A solicitor who specialises in wills can draft the document, advise on tax-efficient structures, and store the original safely. You can find a solicitor through the Law Society’s Find a Solicitor service.

Will-writing services are a cheaper alternative to solicitors, but they are important to distinguish: will writers are not regulated by the Solicitors Regulation Authority, and you have no recourse to the Legal Ombudsman if something goes wrong. If you use a will writer, check whether they are a member of the Institute of Professional Willwriters or the Society of Will Writers, both of which have complaints procedures and insurance requirements.

How to write a will: step by step

Step 1: List your assets

Start by making a full list of everything you own and its approximate value. Include:

• Property (your home, any buy-to-let or holiday properties)
• Bank accounts and savings
• Investments — ISAs, shares, premium bonds
• Pensions (note: most pension death benefits pass outside the will via your nomination)
• Vehicles
• Personal possessions of value — jewellery, art, collections
• Digital assets — cryptocurrency, online accounts with monetary value

Also list your debts — mortgages, loans, credit cards. Your executor will need to settle these from the estate before distributing anything.

Step 2: Decide who gets what

These are your beneficiaries. You can leave assets in several ways:

• Specific gifts — a named item or a fixed sum of money to a particular person or charity
• Shares of the residue — “the rest of my estate split equally between my children”
• Conditional gifts — “to my daughter if she reaches 25”

Make sure you include a residuary clause — an instruction covering everything not specifically mentioned. Without one, any unallocated assets pass under the intestacy rules as if you had no will for those assets.

Step 3: Name your executor(s)

Your executor is responsible for carrying out the instructions in your will — collecting assets, paying debts and taxes, and distributing what remains to your beneficiaries. You can name up to four executors, though one or two is typical.

Choose someone you trust who is organised and willing to take on the role. An executor can also be a beneficiary. If your estate is complex, you might name a solicitor as a professional executor (they will charge a fee from the estate).

Step 4: Name guardians for children under 18

If you have children under 18, your will is the place to name who should look after them if both parents die. Without a named guardian, the court decides — and the court’s choice may differ from yours.

Talk to your chosen guardians before naming them. Guardianship is a significant commitment, and people should agree to it in advance.

Step 5: Write or have the will drafted

You have three main options:

• DIY — write it yourself or use a template (free or low-cost)
• Online will-writing service — guided questionnaire that produces a finished will (typically £50–£150)
• Solicitor — face-to-face or remote drafting with legal advice included (typically £150–£500 for a simple will)

Whichever route you choose, the language must be clear and unambiguous. Vague phrases like “my things to be divided fairly” create disputes. Be specific: name people in full, describe assets clearly, and spell out percentages.

Step 6: Sign it correctly

This is where most DIY wills fail. The signing requirements are set out in Section 9 of the Wills Act 1837 and they are strict:

• The will must be in writing
• You (the testator) must sign it — or direct someone else to sign on your behalf in your presence
• Your signature must be made or acknowledged in the presence of two witnesses, both present at the same time
• Both witnesses must then sign the will in your presence

Critical rule about witnesses: a witness (or the spouse or civil partner of a witness) cannot be a beneficiary under the will. If they are, the will remains valid but that person’s gift is voided — they lose their inheritance. This is one of the most common mistakes in homemade wills.

Witnesses must be aged 18 or over and should ideally be people with no connection to the estate — neighbours, work colleagues, or friends who are not mentioned in the will.

Step 7: Store it safely

Once signed, keep the original will somewhere secure:

• At home — in a fireproof safe or strongbox. Tell your executor where it is
• With your solicitor — most will store the original for free or a small annual charge
• The National Will Register — you can register the existence and location of your will (£30, or free during their annual Free Registration Month). The register does not store the will itself, but records where it is held so it can be found after your death
• HM Courts & Tribunals Service — you can deposit a will for safekeeping with the Probate Registry for a £20 fee

Tell your executor (and a close family member) that a will exists and where the original is kept. A will that nobody can find is as good as no will at all — see our guide on how to find a will for what happens when families cannot locate one.

What makes a will legally valid

The requirements under the Wills Act 1837, Section 9 can be summarised as four conditions:

1. In writing — handwritten or typed, on paper
2. Signed by the testator — or by another person in the testator’s presence and at their direction
3. Witnessed by two people — both present at the same time when the testator signs or acknowledges their signature
4. Signed by both witnesses — each witness signs in the presence of the testator

Beyond the formalities, the person making the will must have testamentary capacity — they must understand what a will is, the extent of their estate, and the claims that people might have on it. They must also be acting free from undue influence — pressure or coercion from someone else.

During the Covid-19 pandemic, temporary legislation (The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020) allowed witnessing via video call for wills made between 31 January 2020 and 31 January 2024. That provision has now expired, and in-person witnessing is once again required.

Common mistakes to avoid

Witnesses who are beneficiaries. If a witness (or their spouse or civil partner) is named as a beneficiary, their gift is automatically void under Section 15 of the Wills Act 1837. The will itself remains valid — they just lose their inheritance.

Forgetting that marriage revokes a will. In England and Wales, getting married or entering a civil partnership automatically revokes any existing will (Section 18, Wills Act 1837). If you made a will before your wedding and did not make a new one afterward, you are currently intestate. The only exception is a will made expressly in contemplation of a specific marriage.

Assuming divorce revokes a will. Divorce does not revoke the will. What it does is treat the former spouse as having died on the date of the decree absolute — so any gifts to them fail and any appointment as executor does not take effect (Section 18A, Wills Act 1837). The rest of the will stands. This can produce unintended results if no residuary beneficiary is named or if substitute gifts are not in place.

Vague language. Phrases like “divide everything equally among my family” invite disputes. Who counts as family? Does it include stepchildren? In-laws? Be precise — name each beneficiary in full and state their share.

No residuary clause. If you leave specific gifts but do not include a clause covering everything else, any unallocated assets pass under intestacy. This can mean people you would never have chosen end up inheriting.

Not updating the will after having children. A child born after the will is signed is not automatically included unless the will’s residuary clause covers them. Review and update.

How much does it cost?

Cost ranges based on Law Society and MoneyHelper guidance (last verified March 2026). Source: MoneyHelper — Using a solicitor to write your will.

Free and low-cost options worth knowing about:

• Free Wills Month (freewillsmonth.org.uk) — runs in March and October each year; participating solicitors draft simple wills for free on behalf of partner charities
• Will Aid (willaid.org.uk) — every November, solicitors draft wills in exchange for a donation to charity (suggested donation £100 for a single will, £200 for mirror wills)
• Age UK and other charities — some offer free will-writing services year-round in partnership with solicitors

Keeping your will up to date

A will is not a one-off document. Review it every three to five years, and sooner if any of the following happen:

• Marriage or civil partnership — this revokes your existing will entirely (in England and Wales)
• Divorce or dissolution — the will is not revoked, but gifts to your ex-spouse fail; you should still make a new will to ensure your wishes are clear
• Birth or adoption of a child — update the will to include them and name guardians
• Death of a beneficiary or executor — you may need to name replacements
• Significant change in assets — buying or selling property, receiving an inheritance, starting a business
• Change in the law — tax thresholds and rules change; a will drafted years ago may no longer be tax-efficient

To make small changes, you can add a codicil — a supplementary document that amends specific parts of the will. A codicil must be signed and witnessed using the same rules as the will itself. For larger changes, it is usually cleaner to write an entirely new will, which automatically revokes the previous one.

While you are thinking about planning ahead, it is also worth considering whether you need a lasting power of attorney — a separate legal document that lets someone make decisions on your behalf if you lose mental capacity during your lifetime. A will only takes effect after death; an LPA covers you while you are still alive.

Summary

Writing a will gives you control over what happens to your estate and who looks after your children. The core requirements are straightforward: put it in writing, sign it in front of two independent witnesses, and store the original safely. For simple estates a DIY approach or online service can work well, but anyone with property, children from different relationships, or inheritance tax concerns should use a solicitor.

The most important step is starting. A basic will that covers the essentials is far better than a perfect will that never gets written. And once it is done, come back to it every few years — your life changes, and your will should change with it.

Key sources

• gov.uk — Make a will — official government guidance on making a will
• Wills Act 1837, Section 9 — legal requirements for a valid will
• Wills Act 1837, Section 15 — witnesses who are beneficiaries
• Wills Act 1837, Section 18 — revocation of a will by marriage
• Wills Act 1837, Section 18A — effect of divorce on a will
• MoneyHelper — Using a solicitor to write your will — cost guidance
• The Law Society — Find a Solicitor
• The National Will Register — will registration and search service
• gov.uk — Wills, probate and inheritance

This guide covers the law in England and Wales. The rules in Scotland and Northern Ireland differ. This guide is for information only and does not constitute legal advice. If your circumstances are complex, speak to a solicitor.