Making a Will UK: How to Write a Valid Will (2026)
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Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Writing a will is one of those jobs most of us put off, and yet it is probably the single most useful piece of legal housekeeping you can do for the people you care about. If you die without one, the intestacy rules in England and Wales decide who inherits what, and those rules rarely match what a person would actually have chosen.
A cohabiting partner, a stepchild, or a close friend can be left with nothing, even after decades together. A properly drafted will lets you name guardians for young children, leave gifts to people and causes that matter to you, and appoint someone you trust to sort everything out.
This guide walks through how wills work in England and Wales, what makes one legally valid, and the pitfalls that trip people up. I have kept it plain-English and practical, so you can work out what you need before spending money on anything.
What this document is
A will is a written legal document that sets out what you want to happen to your money, property and possessions, known collectively as your estate, after you die. It also lets you name the people who will carry out those instructions, called executors, and, if you have children under 18, the people you would want to look after them.
The main law that governs wills in England and Wales is still the Wills Act 1837, which is surprisingly old but has been amended over the years. For a will to be valid, the person making it (the testator) must be aged 18 or over, have the mental capacity to understand what they are doing, and sign the document in the presence of two adult witnesses who then sign it themselves.
The witnesses cannot be anyone who stands to inherit under the will, or their spouse or civil partner, because that would invalidate their gift. Scotland and Northern Ireland have their own separate rules, so if you have assets or connections there, the position can be different.
For most people resident in England or Wales with straightforward affairs, a clearly worded will that meets the Wills Act requirements will do the job.
How to use this document
Take stock of what you own and what you owe. Before you can decide who gets what, you need a clear picture of your estate. List your property, savings, investments, pensions with death benefits, life policies, vehicles, and anything of meaningful value. Note any debts, mortgages, or joint ownership arrangements, because these affect what is actually yours to give away.
Decide who inherits and in what shares. Think about your partner, children, wider family, friends, and any charities you care about. You can leave specific items (a watch, a piece of jewellery), fixed sums of money (pecuniary legacies), or shares of whatever is left after debts and expenses (the residue). Be realistic about family dynamics and plan for the possibility that a beneficiary might die before you.
Choose your executors and guardians. Executors are the people who will deal with probate, pay off debts, and distribute your estate. Pick people who are organised, trustworthy, and likely to outlive you, and always ask them first. If you have children under 18, name guardians and have a proper conversation with them before putting it in writing.
Put the will in writing and sign it correctly. The document must be in writing, signed by you, and witnessed by two adults who watch you sign and then sign themselves. Witnesses must not be beneficiaries or married to a beneficiary. Get this step wrong and the will, or at least parts of it, can fail, which is one of the most common reasons wills are challenged.
Store it safely and review it regularly. A will that nobody can find is almost as bad as no will at all. Tell your executors where the original is kept, whether that is at home in a fireproof box, with a solicitor, or with the Probate Service's storage facility. Review the document after major life events like marriage, divorce, the birth of children, or buying property, because marriage in particular revokes an earlier will unless it was made in contemplation of that marriage.
You are said to have died intestate, and the intestacy rules in England and Wales decide who inherits. The rules follow a strict order starting with a spouse or civil partner and children, then parents, siblings and more distant relatives. Unmarried partners, stepchildren and friends get nothing under these rules, no matter how close the relationship was, which is why cohabiting couples in particular should think carefully about making a will.
Q Do I need a solicitor to make a will?
There is no legal requirement to use a solicitor. You can write a will yourself, use an online service, or use a template. That said, if your situation involves a business, a blended family, property abroad, potential inheritance tax, or anyone who might contest the will, professional drafting usually pays for itself. For genuinely simple estates, a carefully prepared homemade will can be valid, provided the signing and witnessing rules are followed exactly.
Q How often should I update my will?
A good rule of thumb is to review it every three to five years, and always after a major life event. Marriage or forming a civil partnership automatically revokes an existing will in most cases, unless it was made in contemplation of that specific marriage. Divorce does not revoke the will but treats your former spouse as having died before you for inheritance purposes. Births, deaths, house moves and big changes in assets are all good prompts to take another look.
Q Can I disinherit a family member?
In principle, you have freedom to leave your estate to whoever you choose. However, the Inheritance (Provision for Family and Dependants) Act 1975 allows certain people, including spouses, children and financial dependants, to apply to court for reasonable provision if they have been left out or inadequately provided for. If you want to disinherit someone, it is worth leaving a written note of your reasons alongside the will, as courts will consider that evidence.
Q What is the difference between executors and beneficiaries?
Executors are the people you appoint to administer your estate: they apply for probate, gather in your assets, pay debts and taxes, and distribute what is left according to your will. Beneficiaries are the people or organisations who actually receive gifts under the will. The same person can be both, which is common, for example a surviving spouse often acts as executor and is also the main beneficiary.
Q Is a will valid if it is not witnessed properly?
Usually not. Section 9 of the Wills Act 1837 sets out the signing and witnessing formalities, and a will that does not meet them is generally invalid. Both witnesses must be present when you sign, and you must be present when they sign. A witness who is also a beneficiary, or married to one, will lose their gift under the will even if the will itself is otherwise valid, so choose independent witnesses such as neighbours or colleagues.
Q Do I need to think about inheritance tax when writing my will?
Possibly, depending on the size of your estate. Inheritance tax thresholds, reliefs and rates change over time, so check gov.uk for current figures. Transfers between spouses and civil partners are generally exempt, and there are additional allowances where a main residence passes to direct descendants. For larger or more complicated estates, structuring gifts and trusts within a will can make a real difference, and specialist input is usually worthwhile.
Wills look simple on the surface, but small wording choices around executors, guardians and residuary gifts can have a big effect on what actually happens. An experienced legal adviser can talk you through your options on the phone and help you think clearly about your choices, based on what you describe.
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Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
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.