Estate Planning UK 2026 — Wills, LPA, Probate and Inheritance Tax Guide
How to Write a Will Without a Solicitor UK — DIY Guide
Step-by-step guide to writing a legally valid will in England and Wales without a solicitor. Covers requirements, witnesses, executors, common mistakes, and when to get professional help.
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Writing a will does not have to be expensive. For straightforward estates, a DIY will is perfectly valid — as long as you follow the legal requirements precisely. Here is how to do it correctly.
Legal Requirements for a Valid Will
| Requirement |
Details |
| In writing |
Handwritten or typed — both are valid |
| Signed by the testator |
The person making the will must sign it |
| Signed in the presence of two witnesses |
Both must watch you sign (or acknowledge your signature) |
| Both witnesses sign in the presence of the testator |
They sign while you are present |
| You must be 18 or over |
Under 18 only in very limited circumstances (active military service) |
| You must have mental capacity |
You must understand what a will is, what you own, and who might expect to benefit |
| The will must be made voluntarily |
No coercion or undue influence |
Witness Rules
| Rule |
Details |
| Must be 18 or over |
Under 18 cannot witness |
| Must not be a beneficiary |
If a beneficiary witnesses the will, their gift is void (the rest of the will stands) |
| Must not be married to a beneficiary |
Same rule — their spouse’s gift would be void |
| Must be present at the same time |
Both witnesses should ideally be in the room when you sign |
| They do not need to read the will |
They are only witnessing your signature |
When a DIY Will Is Suitable
| Suitable for DIY |
Get professional help |
| Simple estate (property, savings, personal possessions) |
Business assets or shares in a private company |
| Leaving everything to spouse then children |
Blended families (children from different relationships) |
| No complex tax planning needed |
Estate likely to exceed IHT threshold (£325,000 + £175,000 residence) |
| No overseas assets |
Property or assets in another country |
| No trusts needed |
Want to set up trusts for children or disabled beneficiaries |
| No disputes expected |
Family disagreements likely |
| UK property only |
Agricultural or business property relief |
Step-by-Step: Writing Your Will
Step 1: Take Stock of Your Assets
| Asset type |
Examples |
| Property |
Your home, buy-to-let properties, overseas property |
| Savings and investments |
Bank accounts, ISAs, Premium Bonds, shares |
| Pensions |
Note: pensions usually pass via a nomination form, NOT your will |
| Life insurance |
Check if written in trust (bypasses estate) |
| Personal possessions |
Car, jewellery, furniture, collections |
| Digital assets |
Online accounts, cryptocurrency, domain names |
| Debts |
Mortgage, loans — these reduce your estate |
Step 2: Decide Who Gets What
| Decision |
Considerations |
| Residuary beneficiary |
Who gets the bulk of your estate (usually spouse/partner, then children) |
| Specific gifts |
Named items or amounts to specific people |
| Charitable gifts |
Can reduce IHT if you leave 10%+ to charity |
| Substitute beneficiaries |
What happens if a beneficiary dies before you |
| Gifts to children under 18 |
Must be held in trust until they reach 18 (or an age you specify, usually 18 or 25) |
Step 3: Choose Your Executor(s)
| Role |
Details |
| What an executor does |
Manages your estate — collects assets, pays debts, distributes to beneficiaries |
| How many |
1–4, but 2 is recommended |
| Who to choose |
Trusted family member or friend who is organised and reliable |
| Can an executor also be a beneficiary? |
Yes — this is very common |
| Professional executor |
Solicitor or bank — they charge fees (often 1–4% of estate) |
| What if your executor dies before you? |
Name a substitute executor |
Step 4: Consider Guardians for Children
| Detail |
Information |
| Needed if |
You have children under 18 |
| How many |
Name 1 or 2 guardians |
| Their role |
Legal responsibility for your children if both parents die |
| Must they agree? |
The appointment only takes effect if both parents have died — tell them and check they are willing |
| Can be different from financial trustees |
Yes — you can separate the role of caring for children from managing their money |
Step 5: Write the Will
A will should contain:
| Section |
What to include |
| Opening statement |
“This is the last will and testament of [Full Name] of [Address]” |
| Revocation clause |
“I revoke all previous wills and codicils” |
| Executor appointment |
“I appoint [Name, Address] as my executor” |
| Guardian appointment (if applicable) |
“I appoint [Name] as guardian of my minor children” |
| Specific gifts |
“I leave [item/amount] to [name, address, relationship]” |
| Residuary estate |
“I leave the residue of my estate to [name(s)]” |
| Substitute beneficiaries |
“If [beneficiary] predeceases me, their share passes to [alternative]” |
| Signing and witness block |
Space for your signature, date, and witnesses’ signatures and addresses |
Step 6: Sign and Witness
| Step |
Detail |
| 1 |
Gather your two witnesses (not beneficiaries or their spouses) |
| 2 |
All three of you must be in the same room |
| 3 |
You sign the will first while both witnesses watch |
| 4 |
Each witness then signs and prints their name and address |
| 5 |
Date the will |
| 6 |
Do not staple, fold, or attach anything to the will afterwards — any changes may invalidate it |
DIY Will Options
| Option |
Cost |
Pros |
Cons |
| Handwritten (holographic) will |
Free |
No cost, immediate |
Easy to make mistakes, harder to read |
| Printed template (stationery shop) |
£10–£30 |
Guided format, structured |
May not cover your specific situation |
| Online will service |
£20–£100 |
Step-by-step guidance, typically reviewed |
Limited personalisation |
| Will-writing software |
£20–£50 |
Comprehensive, can save and edit |
No legal advice included |
| Solicitor-drafted will |
£150–£500+ |
Tailored, professional, legally checked |
Most expensive option |
| Free Wills Month (March/October) |
Free |
Professional will, no cost |
Only for age 55+, simple wills only |
Common DIY Will Mistakes
| Mistake |
Consequence |
| Beneficiary witnesses the will |
Their gift is invalidated (rest of will stands) |
| Only one witness |
The will is invalid |
| Not signed properly |
The will may be invalid |
| Vague language (“my stuff”) |
Disputes about what you meant |
| Not updating after marriage |
Marriage automatically revokes a will in England and Wales |
| Not updating after divorce |
Divorce removes your ex-spouse as a beneficiary (but check carefully) |
| Forgetting to revoke previous wills |
Could cause confusion if multiple wills exist |
| Not accounting for shared property |
Joint tenancy property passes automatically by survivorship — regardless of your will |
| Forgetting pension nominations |
Pensions do not pass through your will — update nomination forms separately |
| Storing the will where no one can find it |
Your executors need to know where it is |
When Your Will Needs Updating
| Life event |
Action |
| Marriage |
Marriage revokes an existing will — make a new one |
| Divorce |
Removes ex-spouse as beneficiary and executor — but make a new will anyway |
| Birth of a child |
Update to include the new child |
| Death of a beneficiary or executor |
Update to name replacements |
| Buying or selling property |
Update if you made specific property gifts |
| Significant change in wealth |
Review who gets what |
| Moving to Scotland or abroad |
Rules differ — get professional advice |
Storing Your Will
| Storage option |
Cost |
Safe? |
Notes |
| Home (fireproof safe) |
Free / cost of safe |
Medium |
Risk of loss in fire, flood, or being thrown away |
| With your solicitor |
Often free if they draft it |
High |
Contact firm to collect |
| Bank safe deposit box |
£20–£200/year |
High |
Executor needs access — may need probate first |
| Will storage company |
£35–£80 (one-off or annual) |
High |
National Will Safe, Iron Mountain, etc. |
| Probate Registry (deposit) |
£0 (currently free) |
Very high |
Contact HM Courts and Tribunals Service |
Always tell your executors where the original will is stored.
Scotland — Key Differences
| Feature |
England and Wales |
Scotland |
| Witnesses needed |
2 |
1 (for a self-proving will) |
| Legal rights of children/spouse |
Can be challenged under Inheritance Act |
Children and spouse have automatic “legal rights” to a share of moveable estate — cannot be fully disinherited |
| Formalities |
Must be in writing, signed by testator and 2 witnesses |
Must be in writing, signed by testator and 1 witness |
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