How to write a will in the UK

A will lets you decide what happens to your money, property, and possessions after you die. Without one, the law decides for you, and the outcome may not reflect what you wanted. This guide covers what a will must contain to be legally valid, what to include, and how to store it safely.

Why making a will matters

If you die without a will, the law decides what happens to your estate. It is distributed according to a fixed set of rules called the rules of intestacy, which do not take into account anything you may have said or wanted.

Under these rules, unmarried partners receive nothing, regardless of how long they have lived together. Stepchildren receive nothing unless you have legally adopted them. Close friends receive nothing. Only blood relatives and legal spouses or civil partners are recognised.

A will changes this. It allows you to direct your estate to whoever you choose, appoint someone you trust to carry out your wishes, and name guardians for any children under 18.

What makes a will legally valid

In England and Wales, a will must meet these requirements to be legally valid:

You must be 18 or over (there are limited exceptions for people in military service).
You must be mentally fit to make the will. This means you understand what a will does, what you own, and who might benefit. If your capacity is in doubt, a medical professional should assess and document it before you sign.
The will must be in writing. A spoken will is not valid.
You must sign the will at the end, in the presence of two witnesses who are both present at the same time.
Both witnesses must sign the will in your presence, after you have signed it.
Neither witness, nor their spouse or civil partner, can be a beneficiary under the will. If a witness or their spouse benefits, the gift to them is void, though the will itself remains valid.

Scotland has different rules. The main requirement is that the will is signed at the end of each page by the testator. Witnesses are not legally required, though it is strongly advisable to use them.

What to include in your will

A will does not have to be long or complex. At a minimum, it should cover:

Your executor

The person responsible for carrying out your wishes. This should be someone you trust and who is willing to take on the role. You can name more than one executor. It is sensible to also name a substitute in case your first choice cannot act.

Guardians for children under 18

If you have children under 18 and you are their surviving parent, you can name a guardian to care for them if you die. Without this, the courts decide.

Your beneficiaries and what they receive

Name the people or organisations who will inherit from you, and what each will receive. Be specific. "I leave my estate to my children equally" is clearer than "I leave everything to my family." Name specific items if they matter (a car, jewellery, a property).

What happens if a beneficiary dies before you

If you leave everything to one person and they predecease you, your estate may still end up with unintended beneficiaries. Name alternatives (called substitute or residuary beneficiaries) to cover this situation.

Funeral wishes (optional)

You can include funeral preferences in your will, but be aware that a will is often not read until after the funeral has taken place. Record funeral wishes separately and make sure someone close to you knows where to find them.

Writing a will yourself

It is legally possible to write your own will. If your wishes are straightforward (a small estate, a clear beneficiary, no complex assets), a well-drafted DIY will can be valid and effective.

The most common mistakes in DIY wills are unclear language, beneficiaries who are also witnesses, missing signatures or witness signatures, and failing to update the will after major life changes such as marriage, divorce, or a new child.

Marriage automatically revokes a will in England and Wales unless the will was made in contemplation of that specific marriage. Divorce does not revoke a will, but it does cancel any gifts to a former spouse and removes them as executor.

If you are writing your own will, use plain, specific language. Do not use legal jargon if you are not confident it means what you intend. Have someone read it through and check that it is clear to a stranger.

When to use a solicitor

A solicitor is worth considering if your situation involves any of the following:

Property jointly owned with someone who is not your spouse or civil partner
A business interest or partnership share
Overseas assets
Children from a previous relationship alongside a new spouse or civil partner
A beneficiary who has a disability and receives means-tested benefits (a direct inheritance may affect their entitlement)
A family member who might challenge the will
A large estate where Inheritance Tax planning may be beneficial
Any doubt about your testamentary capacity, or the capacity of the person making the will

Solicitor fees for a straightforward will typically range from £150 to £350. More complex wills, or wills involving trusts, cost more. Always ask for a written quote before instructing anyone.

Storing your will safely

A will that cannot be found is as good as no will at all. Keep the original in a safe place and make sure the right people know where it is.

Options for storing a will include:

With your solicitor (most solicitors store wills for free or a small annual fee)
At the Probate Registry (you can deposit a will for a small fee and it is stored securely until needed)
At home in a fireproof safe, with a copy given to your executor
With a will storage service

Do not store the original will in a bank safety deposit box. If the box is sealed after your death before probate is granted, your executor may not be able to access it.

Tell your executor where the will is kept. Write it down. It is worth telling more than one person in case your primary executor is not available when needed.

When to review your will

A will reflects your wishes at the time it was written. Circumstances change. Review your will after any of the following:

Marriage or civil partnership (which revokes your existing will in England and Wales)
Divorce or separation
Birth or adoption of a child
Death of a beneficiary or executor
Significant change in your financial circumstances
You move to another country
A falling out with someone named in the will

As a general rule, reviewing your will every three to five years is sensible even if nothing obvious has changed.