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What to Include in a Will UK: Complete Guide 2025

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Part ofWills & Probate

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 tasks most people keep pushing down the list, yet it quietly does more heavy lifting than almost any other document you'll ever sign. It decides who looks after your children, who inherits your home, and who speaks for you when you can no longer speak for yourself. Get it right and your family avoids months of delay, confusion and potential dispute. Get it wrong, or never make one at all, and the intestacy rules decide everything for you, often with results that would have horrified you. This guide walks through what belongs in a properly drafted will under the law of England and Wales, with practical pointers on assets, executors, guardians, tax and the small details that tend to get missed.

What this document is

A will is a legal document that sets out how you want your estate handled after your death. Your estate includes everything you own: property, savings, investments, pensions with nominations, vehicles, personal possessions, and increasingly digital assets like cryptocurrency or online accounts with value.

For a will to be valid in England and Wales, you generally need to be 18 or over, have mental capacity, make the will voluntarily, put it in writing, sign it in the presence of two independent witnesses, and have those witnesses sign too. Witnesses must not be beneficiaries or married to beneficiaries, or their gifts may fail.

A will is not a one-and-done document. Marriage typically revokes an earlier will, divorce affects gifts to a former spouse, and life events like children, property purchases or business interests usually mean it needs updating. Think of it as a living record of your wishes, not a stone tablet.

How to use this document

  1. List everything you own and owe. Before drafting anything, build a full picture of your estate. Include your home, any other property, bank and savings accounts, ISAs, investments, pensions, life insurance, vehicles, valuables, business interests and digital assets. Note down debts too, because these come out of the estate before anyone inherits anything.
  2. Choose your executors carefully. Executors are the people who deal with your estate after death, paying debts, applying for probate and distributing what's left. Pick people you trust who are organised, willing and likely to outlive you. You can appoint up to four, and many people choose two for balance. A professional executor can be used for complex estates, though fees apply.
  3. Decide who inherits what. Be specific. Name beneficiaries clearly, state whether gifts are absolute or conditional, and think about what happens if a beneficiary dies before you. Substitute gifts and a residuary clause (covering anything not specifically mentioned) prevent parts of your estate falling into intestacy by accident.
  4. Appoint guardians for minor children. If you have children under 18, name a guardian to take parental responsibility if both parents die. Talk to the person first, consider their circumstances and values, and think about how they'd be supported financially through a trust or specific provisions in the will.
  5. Address tax, funeral wishes and sign correctly. Consider inheritance tax exposure and whether gifts to spouse, charity or through trusts could reduce the bill. Record any funeral preferences (these are wishes, not binding). Then sign in front of two independent adult witnesses who sign in your presence. Store the original somewhere safe and tell your executors where it is.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q What happens if I die without a will in the UK?
You're treated as dying intestate, and the statutory intestacy rules decide who inherits. These rules follow a fixed order based on family relationships and do not recognise unmarried partners, stepchildren or close friends. The outcome often surprises people: a surviving spouse may not automatically inherit everything if there are children, and distant relatives can end up benefiting ahead of people you actually cared about.
Q Do I need a solicitor to write my will?
Legally, no. You can write your own will provided it meets the formal requirements for validity. In practice, homemade wills are a common cause of probate disputes because of ambiguous wording, missed assets, or signing errors. For straightforward situations a well-drafted template may be enough. For blended families, business ownership, overseas assets or potential inheritance tax, professional drafting usually pays for itself.
Q Can I leave someone out of my will?
You can, but it's not always the end of the story. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people, including spouses, children and financial dependants, can apply to court for reasonable provision if they feel left out. A letter of wishes explaining your reasoning, kept alongside the will, can help your executors defend the position if a claim is brought.
Q How often should I update my will?
Review it every few years and after any significant life event: marriage, divorce, a new child or grandchild, buying property, starting a business, or the death of an executor or beneficiary. Marriage generally revokes an existing will unless it was made in contemplation of that marriage. Small changes can be made by a codicil, but major revisions are usually cleaner handled by a fresh will.
Q What is a residuary estate and why does it matter?
Your residuary estate is everything left over after debts, taxes, expenses and specific gifts have been paid out. A residuary clause names who inherits this remainder. Without one, anything not specifically gifted falls under the intestacy rules, which can produce unintended outcomes. It's one of the most important clauses in any will and also one of the most commonly overlooked in DIY drafts.
Q Can my witnesses inherit anything from the will?
No. If a beneficiary, or their spouse or civil partner, acts as a witness, the gift to that beneficiary generally fails, even though the will itself remains valid. This catches people out often. Choose two independent adult witnesses who have nothing to gain from the will, such as neighbours or colleagues, and make sure everyone signs in each other's presence.
Q Where should I store my will?
Somewhere safe, accessible to your executors and protected from damage. Options include a solicitor's strongroom, a bank, the Probate Service's will storage facility, or a secure place at home. Avoid attaching anything to the will with staples or paperclips, as this can suggest tampering. Always tell your executors where to find it, because a will no one can locate is as much use as no will at all.
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.

Brad Askew, Solicitor (non-practising)

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.

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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.