Will Writing Mistakes UK: 7 Errors That Void a Will

What this document is

A will is the legal document that sets out who should receive your money, property and belongings after you die, along with who you want to handle the process. In England and Wales, the rules that govern wills sit primarily in the Wills Act 1837, and the formalities there are strict.

If a will does not meet the requirements, it can be treated as if it never existed, and your estate may fall under the intestacy rules instead. That usually produces an outcome nobody in the family wanted. A valid will also names executors (the people responsible for carrying out your wishes), can appoint guardians for young children, and may deal with specific gifts, residue, and funeral preferences.

Writing one is not just paperwork. It is a chance to think clearly about who depends on you, what you own, and how you want those things to connect after you are gone. Getting the detail right matters far more than most people realise at the time of signing.

How to use this document

1. Get the signing and witnessing right. A will in England and Wales must be signed by you in the presence of two independent witnesses, who then sign in your presence. Witnesses must not be beneficiaries, nor married or in a civil partnership with a beneficiary, because any gift to them would fail. Treat this step with real care, as most invalid wills fail here.
2. Use clear, specific language throughout. Vague phrases like 'my personal belongings' or 'my savings' invite arguments between relatives who each read the words differently. Identify people by full name, describe assets clearly, and spell out what happens if a named beneficiary dies before you do. A little extra precision now saves a lot of legal cost and family strain later on.
3. Account for everything you own. Many wills deal carefully with the house and main bank accounts but ignore pensions, life policies, digital assets, business interests, and items held jointly. Go through a proper inventory before drafting. Remember too that some assets pass outside the will entirely, such as jointly owned property held as beneficial joint tenants, so the will needs to reflect that reality.
4. Think about inheritance tax and family dependants. A will that ignores inheritance tax can leave beneficiaries with a bill they did not expect, while one that overlooks a financial dependant may be challenged under the Inheritance (Provision for Family and Dependants) Act 1975. Consider spouses, children, former partners, and anyone you support financially. Structuring gifts thoughtfully helps reduce both tax exposure and the risk of claims against your estate.
5. Review and update the will after major life events. Marriage generally revokes an existing will unless it was made in contemplation of that marriage. Divorce, new children, new property, the death of an executor or beneficiary, and moving abroad all change the picture. Read your will every few years and after any significant change. A forgotten will written decades ago can produce results you would never choose today.

Common questions