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A will is one of the most important documents you’ll ever write — yet over half of UK adults don’t have one. If you’ve never made a will before, this guide explains everything: why you need one, what to include, how to make it legal, and your options for writing it.
Why You Need a Will
Without a Will, Rules Decide Who Gets What
If you die without a will (intestate), your estate is distributed according to intestacy rules — not your wishes:
| Situation | Who inherits (intestacy rules) |
|---|---|
| Married/CP, no children | Spouse gets everything |
| Married/CP with children | Spouse gets first £322,000 + half remainder; children split the other half |
| Unmarried partner, no children | Partner gets nothing |
| Unmarried partner with children | Partner gets nothing; children get everything |
| Single, no children | Parents, then siblings, then other relatives |
Critical point: Unmarried partners (even after decades together) get nothing under intestacy rules.
What a Will Lets You Do
- Choose who inherits your money, property, and possessions
- Appoint guardians for minor children
- Choose executors to manage your estate
- Make funeral wishes known
- Leave gifts to charity
- Potentially reduce Inheritance Tax
- Provide for stepchildren (who don’t automatically inherit)
- Create trusts for children or vulnerable beneficiaries
Who Especially Needs a Will
| Situation | Why it’s essential |
|---|---|
| Unmarried partners | Partner inherits nothing without a will |
| Parents of young children | Appoint guardians |
| Blended families | Stepchildren don’t automatically inherit |
| Property owners | Clear instructions for your home |
| Business owners | What happens to your business |
| Anyone with significant assets | Control how wealth is distributed |
| Anyone wanting charitable gifts | Won’t happen without a will |
What to Include in Your Will
Essential Elements
1. Executors
The people who will carry out your wishes. They:
- Apply for probate
- Gather your assets
- Pay debts and taxes
- Distribute your estate
Who to choose:
- Trusted family members or friends (common)
- A solicitor (adds cost but provides expertise)
- A bank (expensive, avoid if possible)
Recommendation: Appoint at least two executors in case one dies or can’t act. Executors can also be beneficiaries.
2. Beneficiaries
Who inherits what. Be specific:
Residuary beneficiaries — Receive whatever’s left after specific gifts:
- “My spouse receives my entire estate”
- “My children share my estate equally”
Specific legacies — Named items or amounts:
- “My daughter receives my engagement ring”
- “My brother receives £5,000”
- “Cats Protection receives £500”
3. Guardians for Children
If you have children under 18, appoint guardians who would raise them if both parents die (or the surviving parent dies). Without this, courts decide.
Choose carefully:
- Ask guardians beforehand if they’re willing
- Consider their age, values, and circumstances
- You can appoint joint guardians
4. What Happens to Your Estate
Describe how assets should be distributed:
| Asset type | Considerations |
|---|---|
| Property | Does it pass to spouse, or be sold and divided? |
| Savings and investments | Named amounts or percentages |
| Personal possessions | Specific items to specific people |
| Digital assets | Social media, crypto, online accounts |
| Business interests | What happens to your share |
Optional But Recommended
Funeral Wishes
- Burial or cremation
- Type of ceremony
- Specific wishes
Note: Funeral wishes in a will aren’t legally binding, and the will may be read after the funeral. Consider a separate letter of wishes.
Letter of Wishes
A non-binding document providing:
- Guidance for trustees
- Explanation of decisions
- Personal messages
- Specific wishes for possessions
Trusts
A trust holds assets for beneficiaries until conditions are met:
- Children reaching age 21/25
- Assets for vulnerable adults
- Tax-efficient inheritance
Trusts add complexity — consider professional advice.
What NOT to Include
| Don’t include | Why |
|---|---|
| Joint property | Passes automatically to joint owner |
| Pension death benefits | Use nomination form with pension provider |
| Life insurance in trust | Already designated outside the estate |
| Conditions against public policy | Can be challenged |
Making Your Will Legally Valid
Requirements in England and Wales
For a will to be valid:
| Requirement | Detail |
|---|---|
| In writing | Handwritten or typed |
| Signed | Your signature at the end |
| Witnessed by 2 people | Both present when you sign |
| Witnesses sign | Both witnesses sign in your presence |
| Must be 18+ | With exceptions for military |
| Sound mind | Understand what you’re doing |
The Signing Process
- You sign the will in the presence of both witnesses
- Both witnesses watch you sign
- Each witness signs while you and the other witness watch
- Witnesses add their names, addresses, and occupations
The order matters. If witnesses sign before you, or don’t see you sign, the will may be invalid.
Who Can Be a Witness
| Can witness | Cannot witness |
|---|---|
| Any adult over 18 | Beneficiaries |
| Neighbours, colleagues | Spouses of beneficiaries |
| Professionals (solicitor, GP) | The blind |
| Friends not inheriting | Anyone who can’t understand |
Critical: If a witness (or their spouse) is named in the will, that gift fails. They get nothing. The rest of the will remains valid.
What Invalidates a Will
| Issue | Result |
|---|---|
| Not properly witnessed | Entire will invalid |
| Witness is beneficiary | That gift fails |
| Made under pressure/fraud | Can be contested |
| Later will made | Earlier will revoked |
| Marriage | Previous will automatically revoked |
| Physical damage (crossed out/torn up) | May indicate revocation |
Options for Writing Your Will
Option 1: DIY Will Kit
Cost: £10-30 Best for: Very simple situations
Pros:
- Cheapest option
- Immediate
Cons:
- Easy to make mistakes
- No professional guidance
- May not cover complex situations
Use if: You’re single, have no children, and have simple assets to leave to straightforward beneficiaries.
Option 2: Online Will Service
Cost: £90-200 Best for: Straightforward situations with guidance
Popular services:
- Farewill
- Beyond
- Guardian Soulmates
- Which? Wills
Pros:
- Guided process prevents common mistakes
- More affordable than solicitors
- Legally valid if followed correctly
- Support available
Cons:
- Less personalised than solicitor
- May not suit complex situations
- Some services are template-based
Use if: You have a fairly standard family situation and want professional structure without solicitor costs.
Option 3: Solicitor
Cost: £150-500+ (simple will), more for complex Best for: Complex situations
Pros:
- Expert advice
- Handles complex situations
- Professional drafting
- Secure storage offered
- Can advise on tax planning
Cons:
- More expensive
- Need an appointment
Use if: You have:
- Property abroad
- Business interests
- Blended family
- Trusts needed
- Large estate with IHT concerns
- Complex family dynamics
Option 4: Free Will Schemes
Several options for free will writing:
| Scheme | When/How |
|---|---|
| Free Wills Month | March and October — free wills for over 55s |
| Will Aid | November — donate to charity instead of fee |
| Charity will schemes | Charities offer free wills hoping you leave them a gift |
Search “free wills [your area]” for local options.
Storing Your Will
Safe at Home
- Keep in a fireproof safe or box
- Tell executors where it is
- Keep with important documents
With a Solicitor
- Secure and fire-safe
- Usually free if they drafted it
- Executors can find it
With a Bank
- Safe deposit boxes available
- May be expensive and inaccessible
National Will Registry
- Stores information about your will’s location
- £35 to register
- Executors can search for it
Most important: Tell your executors where the will is stored.
After You’ve Made a Will
Keep It Safe
- Original goes somewhere secure
- Keep copies (clearly marked as copies)
- Don’t staple, clip, or attach anything to the original
Tell People
- Tell executors they’re appointed and where the will is
- You don’t need to reveal the contents
- Consider telling beneficiaries what to expect
Review When Circumstances Change
| Life event | Action needed |
|---|---|
| Marriage | Old will revoked — make new one immediately |
| Divorce | Gifts to ex-spouse fail, rest stays valid — review |
| Having children | Add guardianship provisions |
| Children turning 18 | Update if age-related provisions |
| Buying property | Ensure it’s covered |
| Executor dies | Appoint replacement |
| Beneficiary dies | Update who inherits their share |
| Significant wealth change | Review distributions |
Updating Your Will
Two options:
Codicil — A formal addition to existing will
- Must be witnessed like the original
- For minor changes only
- Attach to original will
New Will — Replace entirely
- Best for major changes
- Should state it revokes all previous wills
- Destroy old wills to avoid confusion
Inheritance Tax Considerations
The Basics
2026/27 Inheritance Tax thresholds:
- Nil-rate band: First £325,000 is tax-free
- Residence nil-rate band: Additional £175,000 if passing home to direct descendants
- Married couples: Can combine allowances = £1 million potential threshold
- Rate: 40% on estate above threshold
- Reduced rate: 36% if 10%+ of estate goes to charity
IHT Planning in Your Will
| Strategy | How it helps |
|---|---|
| Leave to spouse/CP | Passes tax-free (within UK) |
| Use nil-rate bands | First £325k per person tax-free |
| Leave to charity | Exempt from IHT, reduces rate |
| Skip a generation | Pass to grandchildren to avoid double taxation |
| Trusts | Complex but can reduce IHT |
When to Get Professional Advice
If your estate is likely to exceed £325,000 (or £500,000 passing to children), consult a solicitor or financial adviser about IHT planning.
Common Will Mistakes
Mistake 1: No Will At All
The biggest mistake. Even a simple DIY will is better than intestacy for most people.
Mistake 2: Forgetting to Update After Marriage
Marriage revokes your previous will. Make a new one immediately, even a simple one.
Mistake 3: DIY Will That’s Ambiguous
“I leave my money to my children” — but what if one predeceases you? Does their share go to their children or to your surviving children?
Professional help avoids ambiguity.
Mistake 4: Witnesses Who Inherit
If your witness is a beneficiary (or their spouse/civil partner is), that gift is void.
Mistake 5: Not Keeping It Updated
Life changes. A will from 20 years ago may not reflect your wishes today.
Mistake 6: Not Telling Anyone
An unknown will is as useless as no will. Tell your executors where it is.
Mistake 7: Making Changes Incorrectly
Crossing out and writing on your will can invalidate it or create confusion. Make changes formally (codicil or new will).
Digital Assets
What to Consider
| Digital asset | Considerations |
|---|---|
| Social media | Who manages/deletes accounts? |
| Important correspondence | |
| Photos/files | Cloud storage access |
| Cryptocurrency | How to access wallets |
| Online accounts | Subscriptions, purchases |
| Domains/websites | Business or personal sites |
How to Handle
- List important digital accounts
- Store passwords securely (password manager, sealed envelope)
- Name a digital executor in your will or letter of wishes
- Check terms of service — some platforms have legacy settings
Getting Help
Finding a Solicitor
- Law Society: Find a solicitor at solicitors.lawsociety.org.uk
- The Society of Trust and Estate Practitioners (STEP): For complex estates
- Local recommendations: Ask friends and family
Useful Resources
| Resource | Website |
|---|---|
| Citizens Advice | citizensadvice.org.uk |
| MoneyHelper | moneyhelper.org.uk |
| Free Wills Month | freewillsmonth.org.uk |
| Which? | which.co.uk/money/wills-and-probate |
Key Takeaways
- Everyone should have a will — especially unmarried couples and parents
- Make it legally valid — sign in front of two independent witnesses
- Witnesses can’t inherit — or their gift fails
- Marriage revokes your will — make a new one after marrying
- Tell your executors where the will is stored
- Review after major life changes — marriage, divorce, children, death
- Consider professional help for complex situations
- Something is better than nothing — even a simple DIY will beats intestacy
This guide covers will writing in England and Wales. Scotland has different rules. For personal advice, consult a solicitor specialising in wills and probate. This is general information, not legal advice.