How to Make a Will in the UK

Making a will ensures your wishes are followed after you die. It doesn't have to be complicated or expensive, but it does need to meet certain legal requirements to be valid.

Legal Requirements for a Valid Will

For a will to be legally valid in England and Wales, it must:

1. Be in writing - handwritten or typed
2. Be made voluntarily - no coercion or undue influence
3. Be made by someone of sound mind - you must understand what you're doing
4. Be signed by you - or someone on your behalf in your presence
5. Be witnessed by two people - who are present when you sign
6. Both witnesses must sign - in your presence

Step-by-Step Guide to Making a Will

Step 1: List Your Assets

Before writing your will, make a comprehensive list of what you own:

• Property: Houses, flats, land
• Money: Bank accounts, savings, cash
• Investments: Shares, bonds, ISAs
• Pensions: Note these often pass outside your will
• Life insurance: Check who the policy pays out to
• Vehicles: Cars, motorcycles, boats
• Valuables: Jewellery, art, antiques, collections
• Business interests: Shares in companies, partnerships
• Digital assets: Online accounts, cryptocurrency

Also list any debts - mortgages, loans, credit cards. Your estate must pay these before distributing inheritances.

Step 2: Decide Who Gets What

Your beneficiaries can be:

• Family members
• Friends
• Charities
• Anyone else you choose

Consider:

• Specific gifts: "My engagement ring to my daughter"
• Cash legacies: "£5,000 to my nephew"
• Residue: Everything left after specific gifts and debts

Step 3: Choose Executors

Executors are responsible for:

• Applying for probate
• Paying debts and taxes
• Distributing assets to beneficiaries

Choose 1-2 people who are:

• Trustworthy and organised
• Likely to outlive you
• Willing to take on the responsibility

You can appoint family members, friends, or professionals (solicitors, banks). Professional executors charge fees.

Step 4: Appoint Guardians (If You Have Children)

If you have children under 18, name guardians who will raise them if both parents die. Discuss this with your chosen guardians first.

Step 5: Consider Trusts

Trusts can:

• Delay inheritance until children are older
• Protect assets from care fees
• Provide for a spouse while preserving assets for children
• Help with inheritance tax planning

Step 6: Write the Will

You can:

• Use a solicitor: £150-500+ for a simple will
• Use a will writer: £99-250
• Use an online service: £20-90
• Write it yourself: Free, but risky

Step 7: Sign and Witness

The signing ceremony must be done correctly or your will is invalid. See the witnessing rules below.

What to Include in Your Will

Essential	Optional
Your full name and address	Funeral wishes
Statement revoking previous wills	Specific gifts of items
Executor appointments	Messages to beneficiaries
Beneficiaries and their shares	Pet care instructions
Guardian appointments (if children)	Charitable donations
Signatures and witness signatures	Trust provisions

Witnessing Rules

Getting the witnessing wrong is the most common reason wills are invalid.

The Rules

• You must sign in front of both witnesses at the same time
• Both witnesses must then sign in your presence
• Witnesses must be over 18
• Witnesses must be of sound mind
• Witnesses (and their spouses) cannot be beneficiaries
• Witnesses (and their spouses) cannot be executors (they can, but it's not ideal)

Good Witnesses

• Neighbours
• Colleagues
• Friends who aren't in the will

DIY vs Professional: Which Should You Choose?

DIY Will

Pros: Free, immediate

Cons: High risk of errors, no legal advice, may be invalid

Best for: Very simple estates with no property or children

Online Will Service

Pros: Cheap (£20-90), convenient

Cons: Limited advice, template-based

Best for: Simple estates, tech-comfortable people

Will Writer

Pros: Affordable (£99-250), personal service, home visits available

Cons: Less regulated than solicitors

Best for: Most people with straightforward needs

Solicitor

Pros: Regulated, legal expertise, handles complex situations

Cons: More expensive (£150-500+)

Best for: Complex estates, business owners, blended families

Storing Your Will

Your will is useless if no one can find it. Safe storage options:

• With your solicitor or will writer: Usually free or small annual fee
• Probate Service: Government storage for £11
• At home: Fireproof safe, tell executors where it is
• Bank safe deposit box: Can be hard to access after death

Tip: Keep a copy at home and tell your executors where the original is stored.

Frequently Asked Questions

Can I write my own will without a solicitor?

Yes, but it's risky. DIY wills often contain errors that make them invalid or cause disputes. For anything beyond a very simple estate, professional help is worth the cost.

Do I need to register my will?

No, there's no will registry in England and Wales. You can optionally store it with the Probate Service for £11.

Can I change my will after it's made?

Yes. For small changes, you can add a codicil. For significant changes, it's better to make a new will entirely.

What happens to my digital assets?

Include digital assets in your will and leave password information securely for your executors.

Do I need a separate will for Scotland?

If you own property in Scotland, you may need a separate Scottish will. Take professional advice.