How to Write a Will in the UK: Complete Guide

Writing a will is one of those tasks that feels bigger than it actually is. Most people imagine complex legal documents, expensive solicitors, and hours of work. The reality is simpler.

A basic will for a family with straightforward wishes can be completed in under 30 minutes using an online service. You'll answer questions about your assets, choose who gets what, name your executors and guardians, print the document, sign it with two witnesses, and you're done.

This guide walks you through every step, explains what makes a will legally valid, and helps you avoid the common mistakes that could invalidate your wishes.

What Makes a Will Legally Valid
Step 1: List Your Assets
Step 2: Choose Your Executors
Step 3: Choose Guardians for Children
Step 4: Decide Who Gets What
Step 5: Consider Specific Gifts
Step 6: Think About Funeral Wishes
Step 7: Sign and Witness Properly
Step 8: Store It Safely
Common Mistakes That Invalidate Wills
When to Update Your Will
DIY vs Professional Help
Frequently Asked Questions
Next Steps

What Makes a Will Legally Valid {#legal-requirements}

In England and Wales, a will must meet these legal requirements under the Wills Act 1837 (as amended):

The Four Legal Requirements

You must be 18 or older (except in limited circumstances for military personnel)
You must have testamentary capacity - This means you understand:
- That you're making a will
- The nature and extent of your assets
- Who might reasonably expect to inherit
- That you're disposing of your property after death
The will must be in writing - It can be typed, printed, or handwritten. Digital-only wills are not currently valid in England and Wales.
It must be properly signed and witnessed:
- You sign (or make your mark) in the presence of two witnesses
- Both witnesses must be present at the same time
- Both witnesses then sign in your presence
- Witnesses must be adults (18+)
- Witnesses cannot be beneficiaries or spouses of beneficiaries

What About Scotland?

Scottish law is slightly different. A handwritten will doesn't need witnesses if it's entirely in your handwriting and signed. However, a typed or printed will needs one witness (not two). For clarity, always use two witnesses regardless.

Step 1: List Your Assets {#step-1}

Before you start writing your will, you need to know what you have to leave. This doesn't need to be exact - a rough overview is fine - but you should understand the scope of your estate.

Step 2: Choose Your Executors {#step-2}

Your executors are the people responsible for administering your estate after you die. They'll:

Apply for probate (the legal authority to deal with your estate)
Gather your assets
Pay your debts and taxes
Distribute your estate according to your will

Who Should You Choose?

Good executor characteristics:

Trustworthy and organised
Good with paperwork and finances
Able to handle conflict if disputes arise
Likely to outlive you
Willing to take on the role

Common choices:

Your spouse or partner
Adult children
Siblings or close friends
Professional executors (solicitors, banks) for complex estates

How Many Executors?

Minimum: 1 executor
Recommended: 2 executors (they can share the work and step in if one can't act)
Maximum: 4 can apply for probate, but you can name more as backups

Professional Executors

You can name a solicitor or bank as executor. They will charge fees (often 1-5% of the estate plus hourly rates), but this can be worthwhile for:

Very complex estates
Potential family disputes
When you don't have suitable individuals to name

Read more: How to Choose an Executor

Step 3: Choose Guardians for Children {#step-3}

If you have children under 18, this is the most important part of your will. If both parents die, your named guardians will raise your children.

What to Consider

Values and parenting style:

Who shares your approach to education, discipline, and values?
Who would raise your children as you would?

Practical capacity:

Do they have the space and stability?
Are they healthy enough?
Are they the right age? (Not too young, not too elderly)

Location:

Would your children need to change schools?
Would they be near other family and friends?

Willingness:

Have you asked them? (Essential before naming them)
Are they genuinely willing to take this on?

Legal Points

You can only appoint guardians if you have parental responsibility
If your child's other parent survives you, they usually continue as sole parent
Guardians only take over if both parents with parental responsibility have died
Always name backup guardians in case your first choice can't act

Step 4: Decide Who Gets What {#step-4}

This is the core of your will: who inherits your estate.

Common Structures for Families

Option 1: Everything to spouse, then to children Most common approach. Your spouse inherits everything outright. When they die, their will leaves the combined estate to the children.

Risk: Your spouse could change their will and leave nothing to your children.

Option 2: Life interest trust Your spouse can live in the house and benefit from your assets during their lifetime, but cannot spend the capital. On their death, the capital passes to your children.

More protective but more complex. Usually needs professional drafting.

Option 3: Immediate split Divide your estate now between spouse and children in fixed proportions.

Can cause issues if your spouse needs the house equity to live on.

Children's Inheritance

If you leave money to children who are under 18, consider:

At what age should they receive it? (18 is the default, but you can specify older)
Should it be held in trust until then?
Should they receive it in stages? (e.g., 25% at 18, 25% at 21, 50% at 25)

Residuary Beneficiaries

After specific gifts and expenses, what remains is your "residuary estate". You should name who gets this, usually as percentages:

"I leave my residuary estate to my wife Jane (50%) and my children Tom and Emma (25% each)"

What If a Beneficiary Dies Before You?

Your will should specify what happens if a beneficiary predeceases you:

Does their share go to their children? (This is called "per stirpes")
Does it go to the other beneficiaries?
Does it go to someone else entirely?

Step 5: Consider Specific Gifts {#step-5}

Specific gifts (called "legacies") are particular items or sums of money you want to go to particular people.

Types of Specific Gifts

Pecuniary legacies (cash amounts):

"I give £5,000 to my friend Sarah Jones"
"I give £1,000 to Macmillan Cancer Support, registered charity number 261017"

Specific bequests (particular items):

"I give my grandmother's engagement ring to my daughter Emma"
"I give my vinyl record collection to my nephew James"

Tips for Specific Gifts

Describe items clearly enough to identify them
Consider what happens if you no longer own the item when you die
Name charities precisely (include charity number if possible)
Consider whether specific gifts could deplete the estate unfairly

Step 6: Think About Funeral Wishes {#step-6}

Your will is a good place to record your funeral preferences, though they're not legally binding (your executors don't have to follow them).

Things to Consider

Burial or cremation?
Religious or secular service?
Any specific requests? (music, readings, dress code)
Any people you want involved?
Have you pre-paid a funeral plan? (note the details)

Your executors can use estate funds to pay for a reasonable funeral, so don't worry about the cost.

Step 7: Sign and Witness Properly {#step-7}

This is where wills most commonly become invalid. The signing process must follow specific rules.

Common Signing Mistakes to Avoid

Witnesses signing before you sign
Only one witness present at a time
A witness being a beneficiary (they lose their gift, but the will is still valid)
Signing different pages at different times
Using electronic signatures (not valid in England and Wales)

Step 8: Store It Safely {#step-8}

A will is useless if no one can find it. Choose storage that's secure but accessible to your executors.

Storage Options

Key Points

Store the original document safely - photocopies can be used to identify where the original is, but probate requires the original
Tell your executors where your will is stored
Consider giving executors a copy (marked "COPY") for reference
Don't store it with your passport and other documents that might be gathered in one place and lost
Don't store it in a safety deposit box that only you can access

Common Mistakes That Invalidate Wills {#mistakes}

Even well-intentioned wills can fail due to technical errors. Here are the most common mistakes:

1. Incorrect Witnessing

Only one witness present
Witness is a beneficiary
Witnesses didn't see you sign
Witnesses signed at different times

2. Lack of Capacity

Signing when affected by dementia or mental illness
Signing under the influence of alcohol or drugs
Not understanding what you're signing

3. Undue Influence

Pressure from a beneficiary
Not making decisions freely
Evidence that someone dictated your wishes

4. Getting Married

Marriage automatically revokes your will in England and Wales
You need to make a new will after marrying
Exception: wills made "in contemplation of marriage" to a named person

5. Ambiguous Language

Unclear about who benefits ("my children" - does that include stepchildren?)
Property descriptions that don't match reality
Conflicting clauses

6. Not Including a Residuary Clause

If you only leave specific gifts and don't account for the rest, the residue passes under intestacy rules

7. Destroying the Old Will

If you make a new will, destroy all copies of the old one to prevent confusion

When to Update Your Will {#updating}

Your will should reflect your current circumstances. Review it when:

Life events that should trigger a review:

Getting married (makes existing will invalid)
Getting divorced (gifts to ex-spouse become void, but rest of will stands)
Having or adopting a child
Death of a beneficiary or executor
Death of your spouse
Significant change in assets
Moving to a different country
Change in relationship with beneficiaries

Regular reviews:

Every 3-5 years even without major changes
Check executors and guardians are still appropriate
Check addresses and descriptions are still accurate

How to Update

Minor changes: A codicil (witnessed amendment to your existing will)

Significant changes: Make a new will and destroy the old one

DIY vs Professional Help {#diy-vs-professional}

When to Use a Solicitor

Seriously consider professional help if:

You have a blended family (children from different relationships)
You own a business
You have property abroad
You want to set up trusts
You're concerned about inheritance tax
You want to exclude someone who might contest
You have a complicated family situation
Your estate is worth over £500,000

Frequently Asked Questions {#faq}

Key Takeaways

The signing process is critical - Two adult witnesses, all present together, witnesses can't be beneficiaries
Online wills are legally valid - Just as valid as solicitor wills if properly executed
Name executors and guardians carefully - These are your most important decisions
Store it safely and tell people - A will can't work if it can't be found
Review regularly - Especially after marriage, divorce, births, deaths, or major asset changes
Getting married invalidates your will - You need a new one

Next Steps {#next-steps}

Last updated: January 2026. This guide is for informational purposes only and does not constitute legal advice. Laws mentioned are specific to England and Wales unless otherwise stated. Scotland has slightly different requirements. Seek professional advice for complex situations.