How to Write a Will in England & Wales: Step-by-Step Guide

At a glance

• What a will is: a written legal document setting out what happens to your estate — your money, property, and possessions — after you die.
• Who can make one: anyone aged 18 or over who has testamentary capacity (the Banks v Goodfellow [1870] test applies).
• Core validity rule: the will must be in writing, signed by you in the presence of two independent adult witnesses, who both sign in your presence (Wills Act 1837, s.9).
• Witness trap: a witness (or their spouse or civil partner) who is also a beneficiary loses their gift under s.15 — the will remains valid, but their inheritance does not.
• Marriage revokes a will: getting married automatically revokes any existing will in England and Wales (s.18) unless the will was expressly made in contemplation of that specific marriage.
• Intestacy cost: without a will, your estate passes under the intestacy rules. Unmarried partners get nothing. A surviving spouse with children currently receives a statutory legacy of £322,000 (in force since 26 July 2023) plus half of whatever remains.
• Scotland and Northern Ireland: different rules apply — this guide covers England and Wales only.

This guide provides general legal information, not legal advice about your specific circumstances.

Why writing a will matters: the intestacy contrast

The clearest reason to write a will is to see what happens if you do not.

When someone dies without a valid will in England and Wales, the Administration of Estates Act 1925 dictates who inherits. The rules are rigid and frequently produce outcomes the deceased would not have wanted:

• Unmarried partners receive nothing. This applies regardless of how many years the couple lived together. The only route open to an unmarried partner is a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is time-limited, costly, and uncertain.
• Stepchildren receive nothing unless they were legally adopted.
• A surviving spouse with children does not get everything. Where the estate exceeds the statutory legacy — currently £322,000, a figure set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 (SI 2023/758) with effect from 26 July 2023 — the spouse receives that sum plus half of the remainder, with the children inheriting the other half. The split can cause real practical difficulties, particularly where the main asset is the family home.
• Administration is slower. An intestacy typically takes longer to resolve and places more procedural burden on whoever is left to sort it out.

A will changes all of this. It lets you decide who gets what, name the people you trust to sort out your affairs, and appoint guardians for any children under 18.

Who can make a will

To make a valid will in England and Wales, you must:

1. Be aged 18 or over. The age requirement is set by section 7 of the Wills Act 1837 as amended by the Family Law Reform Act 1969. The only exception is a privileged will made by a member of the armed forces on active service.
2. Have testamentary capacity. The legal standard comes from Banks v Goodfellow (1870) LR 5 QB 549. You must be able to: understand the nature of making a will and its effects; understand the extent of the property you are disposing of; understand the claims of people who might reasonably expect to benefit (such as a spouse or children); and be free from any disorder of the mind that corrupts your judgment or pervert your natural sense of right in making the will.

Testamentary capacity is assessed at the moment the will is made. A person can have fluctuating capacity — for example due to dementia — but may still have capacity during a lucid period sufficient to make a valid will. Where capacity is in any doubt, a contemporaneous written assessment from a medical professional (sometimes called a "golden rule" assessment) can prevent or defend a later challenge.

The four validity requirements under section 9 Wills Act 1837

Every will made in England and Wales must comply with section 9 of the Wills Act 1837 (as substituted by the Administration of Justice Act 1982). Four requirements must all be met:

1. In writing

The will must be in writing. There is no prescribed form: handwritten, typed, or printed are all acceptable. Electronic documents are not sufficient (save for a narrow temporary Covid provision that has now expired).

2. Signed by the testator

You must sign the will, or someone else must sign in your presence and at your direction (for example if you are physically unable to write). The signature can be anywhere on the document, but it must be clear that you intended the signature to give effect to the will as a whole. A mark, initials, or even a rubber stamp can suffice if that was your customary manner of signing.

3. Signed or acknowledged in the presence of two witnesses simultaneously

The signature must be made — or your existing signature acknowledged — in the simultaneous presence of two witnesses. Both witnesses must be present at the same time. You do not need to sign in front of them both at once if you are acknowledging a signature you have already made, but both must be present when you acknowledge it.

4. Each witness attests and signs (or acknowledges their signature) in your presence

Each witness must then sign the will — or acknowledge a prior signature — in your presence. They do not need to sign in each other's presence. No particular form of words is needed; a simple signature suffices. The witnesses do not need to know the contents of the will.

Practical point: the most reliable approach is for you to sign first at the foot of the document, then for both witnesses to sign below your signature while all three of you are in the same room. This removes any ambiguity about the order of events.

The witness trap: section 15 and beneficiary witnesses

Section 15 of the Wills Act 1837 contains one of the most common traps in will-drafting. If a witness to a will — or the spouse or civil partner of a witness — is also a beneficiary named in that will, the gift to that person is void. The will itself remains valid; only the gift to the tainted witness (or their spouse or civil partner) fails.

Example: If you name your sister as a beneficiary and she also witnesses your will, her inheritance is void under s.15. Your other beneficiaries are unaffected.

A limited exception exists under the Wills Act 1968: if the will could have been validly executed without the beneficiary-witness's signature (because there was at least one other independent witness), the forfeiture may not apply. But this is a technical rescue mechanism, not a safe planning strategy. The cleanest approach is always to use two completely independent witnesses who receive nothing under the will.

Who makes a good witness? A neighbour, a colleague, a friend — anyone who is an adult of sound mind, not named in the will, and not married to or in a civil partnership with anyone named in the will. A solicitor or their employee is ideal but not required. Neither witness needs to know the contents of the will.

Revocation by marriage: section 18

Marriage (or the formation of a civil partnership) automatically revokes any will you have previously made. This is section 18 of the Wills Act 1837, and it catches a surprising number of people.

The exception: a will made expressly in contemplation of a specific, identified marriage is not revoked when that marriage takes place, provided the intention appears from the will itself. A general statement that you are about to get married is not enough; the will must make clear it is intended to survive the particular marriage being contemplated.

The practical implication: if you make a will when you are single or in a relationship, and you subsequently marry, your will is gone. Your estate then passes under intestacy as if you had never made a will at all — which may or may not be what you would have chosen.

Divorce (or dissolution of a civil partnership) does not revoke a will but does revoke gifts to the former spouse or civil partner and any appointment of them as executor, treating them as if they had died on the date the marriage ended (Wills Act 1837, s.18A).

Step-by-step: how to write your will

Step 1 — Take stock of your estate

Before deciding who gets what, you need a clear picture of what you own and owe. Work through:

• Property: your home (and whether it is held as joint tenants or tenants in common), any other land or buildings.
• Savings and investments: bank accounts, ISAs, stocks and shares.
• Pensions and life insurance: note that most pensions and life insurance policies pass under a nomination form held by the provider and do not form part of your estate — your will does not control them.
• Valuables: jewellery, vehicles, art, collections.
• Digital assets: cryptocurrency, online accounts with monetary value, intellectual property.
• Debts: mortgages, loans, credit cards — these reduce the net estate available to beneficiaries.

This exercise also helps you identify any assets that need specific attention in the will, or that may have tax implications.

Step 2 — Decide who inherits and how

Think carefully about your beneficiaries and what you want each to receive:

• Specific gifts are particular items or fixed cash amounts (for example: "I give my piano to my daughter Jane").
• Residuary gifts deal with whatever is left after specific gifts, debts, and administration costs are paid. The residue clause is the most important clause in most wills — it catches everything not specifically named elsewhere.
• Contingency provisions: what happens if a beneficiary dies before you? Without a substitution clause, a gift will lapse and fall into the residue (or, in some cases, pass to the beneficiary's children under section 33 of the Wills Act 1837). It is generally better to name a substitute expressly.
• Trusts for younger beneficiaries: if you are leaving money to anyone under 18, consider whether to hold it on trust until they reach a specified age (18, 21, 25 are common).
• Charitable gifts: legacies to registered charities are free of inheritance tax and can also reduce the headline rate on the rest of the estate if the gift is at least 10% of the net estate.

Step 3 — Choose your executors

Executors are the people responsible for administering your estate: gathering in assets, paying debts, applying for a grant of probate, and distributing what remains to your beneficiaries. The role can take 12 months or more to complete.

Choose executors who are:

• Organised and reliable. The role involves dealing with banks, HMRC, the Probate Registry, and potentially property conveyancers.
• Willing to act. An executor who finds they are named but has not agreed to act can formally renounce — which delays everything.
• Likely to survive you. Appointing an elderly parent as sole executor carries obvious risk. Naming a substitute executor is good practice.

Most people appoint two executors. A professional executor — typically a solicitor or trust corporation — can be appointed for complex estates, though professional fees will be charged to the estate.

Step 4 — Appoint a guardian for your children (if relevant)

If you have children under 18, appointing a testamentary guardian in your will is one of the most important things you can do. Under section 5 of the Children Act 1989, a parent with parental responsibility can appoint an individual to act as guardian in the event of their death. The guardian steps into your shoes and acquires parental responsibility for the child.

The appointment takes effect on your death (subject to certain conditions where the other parent is still alive and holds parental responsibility). A court can override a guardianship appointment if it is not in the child's best interests, but a clear appointment in a valid will carries significant weight.

Always speak to the person you intend to name before putting their name in the document. Guardianship is a significant commitment, and someone who has not been asked may decline.

Step 5 — Consider inheritance tax

Inheritance tax (IHT) is charged at 40% on the value of your estate above the nil-rate band (NRB). The NRB is currently £325,000. Most estates also qualify for the residence nil-rate band (RNRB) of £175,000 when a residence is passed to a direct descendant — giving a combined threshold of £500,000 per person, or up to £1 million for married couples and civil partners using both their combined allowances.

A will can be structured to maximise these allowances. Common approaches include:

• Leaving assets outright to a spouse or civil partner (exempt from IHT regardless of value) and relying on the transferable NRB and RNRB when the second spouse dies.
• Charitable legacies, which reduce the taxable estate and can lower the headline IHT rate from 40% to 36% if the gift is at least 10% of the net estate.
• Discretionary trusts to give executors flexibility in how assets are distributed post-death.

IHT planning in a will is a specialist area. If your estate is likely to exceed the available thresholds, professional advice before drafting is usually worthwhile.

Step 6 — Draft the will

You can draft a will yourself using a printed form, an online service, or by instructing a solicitor or licensed will writer. The right approach depends on the complexity of your affairs:

| Situation | Suitable approach | |---|---| | Single person, straightforward estate, no dependants | DIY or online template — with care on s.9 execution | | Married couple, children, own a home | Online or solicitor — depends on whether IHT or trust provisions are needed | | Blended family, stepchildren, previous relationship | Solicitor — competing claims and potential 1975 Act exposure | | Business assets, overseas property | Solicitor — specialist advice on business relief and foreign law | | Large estate, IHT exposure, pension nominations | Solicitor and financial adviser working together |

Ambiguous wording is the most common reason wills end up disputed after death. If in doubt, professional drafting is a relatively small cost against the expense of contested probate proceedings.

Step 7 — Execute the will correctly

Once the will is drafted to your satisfaction, sign it properly. The sequence matters:

1. Read through the final document carefully before signing.
2. Sign at the foot of the will in the presence of both witnesses simultaneously — or acknowledge your existing signature to both of them together.
3. Both witnesses sign in your presence, below your signature, adding their names and addresses (the address is not legally required but makes them easier to locate if the will is ever challenged).
4. No alterations after signing — any amendments made after execution are presumed invalid unless separately signed and witnessed to the same standard.

Step 8 — Store the will safely

The signed original should be kept somewhere secure and findable by your executors:

• A solicitor's strongroom — many solicitors store wills for clients at no charge or a modest annual fee.
• Your bank — some banks offer will storage, though terms vary.
• HMCTS Probate Registry — you can deposit a will with the National Will Storage service for a one-off fee of £23 (correct as at June 2026). The will is stored at the Newcastle District Probate Registry and can be retrieved at any time. Details and the PA7ENV label are available on GOV.UK.
• At home in a fireproof box — acceptable if your executors know where to find it.

Do not staple anything to the original will (staple marks raise questions about whether pages have been removed). Keep a copy separately — clearly marked "COPY — not the original" — so your executors know what to look for.

Tell your executors where the will is. A will that cannot be located is treated, in practice, as if it never existed.

Step 9 — Review the will regularly

A will is not a once-and-done document. Review it:

• Every three to five years as a routine check.
• After any significant life event: marriage (which revokes the will — see above), divorce, the birth or adoption of a child, the death of a beneficiary or executor, buying or selling property, or a major change in wealth.
• If the law changes in a way that affects your arrangements — for example, changes to IHT thresholds or intestacy rules.

When to use a solicitor

A solicitor or licensed will writer adds most value when:

• Your family situation is complex — blended families, stepchildren, children from a previous relationship, or dependants with particular needs.
• Your estate may be liable to inheritance tax — proper planning in the will can make a material difference to what your beneficiaries receive.
• You own property abroad — each jurisdiction has its own succession rules; a UK will may not automatically govern foreign assets.
• You have business interests — business property relief and succession planning for private companies are specialist areas.
• There is potential for a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — for example where a cohabiting partner or estranged child might challenge the estate.
• Testamentary capacity is or may be in question — a solicitor can take a contemporaneous note and, if appropriate, arrange a medical capacity assessment as part of the execution process.

For a straightforward estate — single owner, clear family, modest assets — a DIY or online will prepared carefully and executed correctly is legally valid and may serve perfectly well. The risk is always in the drafting: a provision that seems clear to you may be ambiguous or unworkable once you are not around to explain it.

Last reviewed: June 2026 · Next review due: June 2027 or on legislative change.