Make a Will UK: Legal Requirements & How to Write One
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Writing a will is one of those jobs most of us keep putting off, yet it remains one of the most important pieces of paperwork you will ever put your name to. Without one, the law decides who inherits what you leave behind, and that outcome rarely matches what people actually want for their families.
A will lets you set out clearly who should receive your property, savings and personal belongings, who should look after any children under eighteen, and who you trust to carry out your wishes when the time comes. This guide walks through what a valid will needs to contain under the law of England and Wales, the common pitfalls people run into, and the practical steps to take when sitting down to draft one.
Whether your circumstances are straightforward or you have a blended family, a business, or assets spread across different places, the basics below will help you get started.
What this document is
A will is a written legal document that records how you want your estate dealt with after your death. Your estate simply means everything you own at the point you die: the house or flat you live in, any savings and investments, vehicles, jewellery, digital assets, and anything else of value, minus what you owe in mortgages, loans or other debts.
Beyond dividing up money and possessions, a will does a few other important jobs. It names the people, called executors, who will be responsible for administering your estate and sorting out the paperwork with banks, HMRC and the Probate Registry.
It can appoint guardians for any children under eighteen, which is often the single most important reason younger parents write one in the first place. It can also include specific gifts to charities, instructions about funeral wishes, and provisions for pets.
In England and Wales the governing legislation is the Wills Act 1837, which despite its age still sets out the formal requirements a will must meet to be valid.
How to use this document
- List what you own and what you owe. Before you can divide your estate sensibly, you need a clear picture of it. Write down property, bank accounts, pensions, investments, vehicles, valuable items and anything held jointly. On the other side, note mortgages, loans and credit card balances. This gives you a realistic sense of what will actually pass under the will.
- Decide who gets what, and who takes over if they die first. Think carefully about beneficiaries and the share each should receive. It is sensible to name substitute beneficiaries in case someone named in the will dies before you do. If you have children under eighteen, consider whether their share should be held in trust until they reach a certain age rather than passing outright.
- Choose executors and, if needed, guardians. Executors should be people you trust to handle money and paperwork, and ideally younger than you or in good health. You can appoint family members, friends, or a professional. If you have minor children, naming guardians in the will avoids leaving that decision to a court later.
- Write the will and meet the formalities. The document must be in writing, signed by you, and signed in your presence by two adult witnesses who are not beneficiaries or married to beneficiaries. A witness who stands to inherit will lose their gift, so choose witnesses carefully. The opening should revoke any earlier wills you have made.
- Store it safely and tell people where it is. A will is useless if nobody can find it. You can store it with a solicitor, with the Probate Service, or somewhere secure at home. Let your executors know where it is kept. Review it every few years or after major life events such as marriage, divorce, or the birth of a child.
Common questions
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Common questions
Q What happens if I die without a will in England and Wales?
If you die without a valid will, you are said to have died intestate, and the intestacy rules decide who inherits. These rules favour spouses, civil partners and blood relatives in a fixed order, and an unmarried partner will generally receive nothing regardless of how long you were together. The outcome is often not what the person would have chosen, which is why making a will matters even if your affairs feel simple.
Q Does getting married cancel an existing will?
Yes, in most cases marriage or entering a civil partnership automatically revokes any will made before that date, unless the will was specifically written in contemplation of that marriage. This catches many people out. If you have recently married or plan to, you should make a new will afterwards to avoid unintentionally falling under the intestacy rules.
Q Can I write my own will without using a solicitor?
There is no legal requirement to use a solicitor, and homemade wills can be perfectly valid if they meet the formal requirements of the Wills Act 1837. That said, mistakes in wording, witnessing or structure can cause serious problems after death, sometimes invalidating the whole document. If your situation involves trusts, business assets, second marriages or disinherited relatives, professional help is usually money well spent.
Q Who can witness my signature on a will?
Two adult witnesses must watch you sign the will and then sign it themselves in your presence. Witnesses must not be beneficiaries under the will, nor married to or in a civil partnership with a beneficiary. If they are, the witness loses any gift they would have received, although the will itself can still be valid. Neighbours or colleagues are often practical choices.
Q How often should I update my will?
Review your will every three to five years, and also after any significant life event: marriage, divorce, a new child or grandchild, the death of a named beneficiary or executor, buying or selling property, or a substantial change in wealth. Small updates can sometimes be made by a codicil, but in many situations it is simpler and cleaner to write a fresh will that revokes the old one.
Q Do I need to mention every single possession in my will?
No. Most wills deal with the bulk of the estate through a residuary clause that covers everything not specifically mentioned. You can list particular items of sentimental or high value as specific gifts, then leave the residue to your main beneficiaries. Some people also write a separate letter of wishes listing smaller personal items, which sits alongside the will as guidance.
Q Will my estate have to pay inheritance tax?
Inheritance tax may be payable on estates above a certain threshold, with additional allowances available in some circumstances such as leaving a main residence to direct descendants. Transfers between spouses and civil partners are generally exempt. Thresholds and rates change, so check the current position on gov.uk, and consider taking professional advice if your estate is likely to be sizeable or complicated.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovMaking a will – gov.ukgov.uk
- LegislationWills Act 1837legislation.gov.uk
- Guidance · UK GovIntestacy – who inherits if there is no willgov.uk
- Guidance · UK GovInheritance Tax – gov.ukgov.uk
- Guidance · UK GovStore a will with the Probate Servicegov.uk
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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.