How to write a will in the UK

This guide is for anyone in England or Wales who wants to understand the process of making a will, whether you're doing it for the first time or updating one you wrote years ago. By the end, you'll know exactly what a valid will must contain, how to sign it correctly, and when to involve a solicitor rather than go it alone. (If you're in Scotland or Northern Ireland, the rules differ in important ways, I'd point you to the Law Society of Scotland or the Law Society of Northern Ireland respectively.)

Scotland and Northern Ireland are not covered here. The rules below apply to England and Wales only.

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Step 1: Decide what you own and who should have it

Start with a straightforward stocktake. Write down your main assets, property, savings, investments, pension death benefits, vehicles, jewellery, anything of significant value, and any debts. You don't need exact figures at this stage; the point is to get a clear picture before you start making decisions.

A few things that often catch people out:

• Jointly owned property passes automatically to the surviving owner under "right of survivorship" if you own it as joint tenants. It doesn't go through your will at all. If you own property as tenants in common, your share does pass through the will.
• Pension pots are usually outside your estate and aren't governed by your will. Contact your pension provider to check or update your nominated beneficiaries separately.
• Life insurance held in trust also sits outside the estate.

Once you have your list, think about who you want to benefit: your spouse or civil partner, children, grandchildren, friends, or charities. You can also leave specific items to specific people ("I leave my grandfather's watch to my son James") as well as making a general residuary gift of whatever remains after specific gifts and debts are settled.

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Step 2: Choose your executors

Your executor is the person (or people) responsible for carrying out the will: applying for probate, paying any debts and tax, and distributing what remains. You can appoint up to four, though one or two is generally more practical.

Most people appoint a spouse or adult child, sometimes alongside a solicitor if the estate is large or likely to be complicated. Your executor can also be a beneficiary, that's perfectly fine and very common. The key qualities are trustworthiness and organisational ability, not legal training.

Tell your chosen executors now, while you can. It's a significant responsibility and they should know they've been named.

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Step 3: Decide on guardians for any children under 18

If you have children under 18 and you're their only surviving parent, your will can name a guardian to take parental responsibility after your death. Courts aren't bound by your choice, but they treat it as a strong indication of your wishes.

If both parents are alive, the surviving parent automatically retains parental responsibility, so a guardian named in the will only becomes relevant if both parents die. Still worth naming one.

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Step 4: Write the will

This is where your options differ quite a bit depending on how simple or complex your estate is.

Solicitor. The safest route if you own property, have a blended family, are separated but not divorced, have a disabled beneficiary, run a business, or live abroad part of the year. Expect to pay roughly £150 to £350 for a straightforward will, more for anything complex. The Law Society's "find a solicitor" tool at solicitors.lawsociety.org.uk lets you filter by specialism.

Will Aid. Every November, solicitors across England and Wales write basic wills in exchange for a suggested charity donation (£100 for a single will, £180 for a mirror will, figures for 2024). The donation goes to nine UK charities including Age UK and NSPCC. It's a genuine service from real solicitors, not a cut-price shortcut. Find participating firms at willaid.org.uk.

Free wills from charities. The Free Wills Month scheme (March and October) offers free mirror or single wills to people aged 55 and over through a network of local solicitors. You're asked but not obliged to consider leaving a gift to a participating charity. Details at freewillsmonth.org.uk. Age UK also periodically runs similar schemes.

Online will-writing services. Farewill is the best-known in the UK, starting at around £90 for a single will with solicitor review available. Suitable for uncomplicated estates. The will is drafted online, you print and sign it yourself, and they store a digital copy.

DIY will kits. Technically legal if completed and witnessed correctly. In practice, they go wrong more often than people expect, a missed signature, an incorrectly worded gift, a witness who's also a beneficiary. I'd only suggest this route as a last resort.

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Step 5: Sign it correctly in front of two witnesses

A will is legally valid in England and Wales only if it meets the requirements of the Wills Act 1837. The rules are specific.

You must:

1. Sign (or make your mark on) the will in the presence of both witnesses, who must be present at the same time.
2. Both witnesses must then sign the will in your presence.

Your witnesses must be:

• Adults (aged 18 or over)
• Of sound mind
• Not beneficiaries under the will, and not married to or in a civil partnership with a beneficiary

If a witness is also a beneficiary, the will itself remains valid but that beneficiary loses their gift. This mistake is irreversible.

No witness needs to read the will. They're only confirming that they saw you sign.

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Step 6: Store the will safely

The original signed will (not a copy) is what matters. Keep it somewhere fireproof and dry, a home safe, a solicitor's deed store, or the Probate Service's will storage scheme (currently £20 for lifetime storage, via GOV.UK).

Tell your executors where it is. It sounds obvious, but Age UK estimates that thousands of valid wills are never found because the deceased told no one where they'd put them. A will no one can locate is as useful as no will at all.

If you store it with your solicitor, make sure your executors know which firm holds it and have the firm's contact details.

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When should you review or update your will?

A will doesn't expire, but it can become outdated. Review yours after any of the following:

• Marriage or civil partnership (these automatically revoke an existing will in England and Wales)
• Divorce (removes gifts to an ex-spouse, but doesn't revoke the will entirely)
• Birth of a child or grandchild
• Death of a beneficiary or executor
• Significant change in your assets

Don't update a will by crossing things out or writing in the margins. Any amendment needs to be done as a formal codicil, signed and witnessed with the same formality as the original, or by writing a new will entirely.

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What happens if you die without a will?

You die "intestate" and the Rules of Intestacy apply. These are fixed legal rules set out in the Administration of Estates Act 1925, as amended. They don't take account of your relationships, your intentions, or your wishes.

Unmarried partners, however long-standing, receive nothing under intestacy. Step-children receive nothing. Close friends receive nothing. Only married or civil partners and blood relatives (in a specific order of priority) can inherit.

If you have no surviving relatives at all, your estate passes to the Crown.

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