Estate planning guide
Writing a will
Why a will matters, what happens if you do not have one, and the practical steps to get yours written.
At a glance
UK adults without a will
Over 50%
Including many with significant assets
Solicitor will from
£150
For a single, straightforward will
Marriage revokes your will
Always
In England and Wales
Unmarried partners inherit
Nothing without a will
Regardless of relationship length
What is a will?
A will (formally a last will and testament) is a legal document that sets out what you want to happen to your money, property, and possessions after you die. It can also name guardians for any children under 18 and set out wishes about your funeral.
For a will to be legally valid in England and Wales, it must be in writing, signed by you in the presence of two witnesses, and signed by those witnesses in your presence. Both witnesses must be present at the same time. Witnesses (and their spouses or civil partners) cannot benefit from the will.
What happens if you die without a will?
Dying without a will means dying intestate. Your estate is then distributed according to the Rules of Intestacy, a fixed legal framework that may not reflect your wishes.
Under intestacy rules, your estate passes to close relatives in a strict order: spouse or civil partner first, then children, then other relatives. Unmarried partners receive nothing, regardless of how long you have been together. Neither do friends, charities, or stepchildren who have not been formally adopted.
If you have no surviving relatives, your estate passes to the Crown.
What should a will include?
A well-drafted will typically covers:
- Executor. The person or people responsible for carrying out your wishes and administering your estate.
- Beneficiaries. Who inherits what, including specific gifts and the residue (what remains after specific gifts and debts).
- Guardians. Who you wish to care for any children under 18 if both parents die.
- Trusts. If you want to hold assets for children until they reach a certain age.
- Funeral wishes. Burial or cremation preferences. Note: these are not legally binding, but most families follow them.
How to write a will
There are three main options:
Solicitor. The most reliable option for most people. A solicitor will ask the right questions, identify issues you might not have considered, and ensure the will is properly executed. Costs typically range from £150 to £300 for a single will, or £250 to £500 for mirror wills (a pair for couples).
Will-writing service. Specialist will-writers can be cheaper than solicitors, but standards vary. If you use one, check they are members of The Society of Will Writers or the Institute of Professional Willwriters, which have codes of conduct.
Online will service. Several online services let you create a basic will for £50 to £90. These work well for simple estates. If your situation is complex (blended family, business interests, overseas assets), use a solicitor.
Keeping your will up to date
A will should be reviewed whenever your circumstances change significantly: marriage (which automatically revokes a previous will in England and Wales), divorce, the birth of children or grandchildren, a major change in assets, or the death of a beneficiary or executor.
Store your will somewhere safe and make sure your executor knows where it is. You can register your will with the National Will Register (Certainty) so it can be found after your death.
Frequently asked questions
Common questions about writing a will in England and Wales.
No, you are not legally required to use a solicitor. You can write a will yourself, use an online service (from around £50 to £90), or use a will-writing service. However, for anything other than a simple estate, a solicitor is worth the cost. A poorly drafted will can cause significant problems for your executors.
You die intestate, and your estate is distributed according to the Rules of Intestacy. Your assets pass to close relatives in a fixed legal order. Unmarried partners, friends, stepchildren who were not formally adopted, and charities receive nothing, regardless of your wishes.
Yes. You can update your will at any time by adding a codicil (a formal amendment) or by making a new will entirely. A new will automatically revokes any previous will. You should review your will after major life events such as marriage, divorce, or the birth of a child. Note that marriage automatically revokes a will made before the marriage in England and Wales.
A solicitor-drafted single will typically costs £150 to £300. Mirror wills (a pair for couples) usually cost £250 to £500. Online will services start from around £50 to £90 for simple estates. Will-writing services vary widely in cost and quality. Check they are members of the Society of Will Writers or the Institute of Professional Willwriters.
Yes. In England and Wales, getting married automatically revokes any will you made before the marriage. If you do not make a new will after marriage, you will die intestate. This is a common and serious oversight. If you are planning to marry, make updating your will part of your post-wedding checklist.
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