UK adults considering a do-it-yourself will need to know that it is legal but carries real risk if the rules are not followed exactly. This guide explains DIY wills in England and Wales: the legal requirements, the most common ways homemade wills fail, when a DIY will may be enough, and when professional drafting is safer. It cites the Wills Act 1837 and Money Helper. Kael Tripton is an editorial publisher and not a regulated legal services provider. This article is information only and is not legal advice. Anyone making a will should consider advice from an SRA-authorised solicitor or Citizens Advice.
Key Facts
- A do-it-yourself will is legal and valid if it meets section 9 of the Wills Act 1837 (Wills Act 1837, legislation.gov.uk).
- The will must be in writing, signed by the testator, and witnessed by two people present at the same time who also sign (Wills Act 1837, legislation.gov.uk).
- A beneficiary or their spouse must not witness the will, or the gift to them is void (Wills Act 1837, section 15, legislation.gov.uk).
- Errors in a homemade will often only emerge after death, when they cannot be corrected (Money Helper, accessed June 2026).
- A missing residuary clause can send part of the estate into intestacy (Administration of Estates Act 1925, legislation.gov.uk).
- DIY wills suit simple estates more than complex ones involving trusts, business assets, or overseas property (Money Helper, accessed June 2026).
What a DIY will is
A do-it-yourself will is a will that a person writes themselves, usually using a printed template, an online tool, or a will kit, rather than instructing a solicitor. There is nothing in law that requires a will to be drafted by a professional. A homemade will is fully valid as long as it meets the requirements of section 9 of the Wills Act 1837 (legislation.gov.uk), the same standard that applies to a solicitor-drafted will.
The appeal of a DIY will is cost: it is the cheapest route, often free apart from the price of a template. The trade-off is risk. With no professional checking the document, the responsibility for getting the wording, the signing, and the witnessing right falls entirely on the testator. Because a will only takes effect on death, any mistake is usually discovered when it is too late to put right, which is what makes DIY wills higher risk than their low cost suggests (Money Helper, accessed June 2026).
The rules a DIY will must follow
The core rules are set by the Wills Act 1837. The will must be in writing. It must be signed by the testator, or by someone else in the testator's presence and at their direction. The signature must be made or acknowledged in front of two witnesses who are present at the same time, and each witness must then sign the will in the testator's presence (Wills Act 1837, section 9, legislation.gov.uk).
A critical rule for DIY wills concerns who witnesses the document. Under section 15 of the Wills Act 1837, if a beneficiary, or the spouse or civil partner of a beneficiary, acts as a witness, the gift to that person is void, although the will itself remains valid (legislation.gov.uk). The testator must also be aged 18 or over and have the mental capacity to make a will. Following these rules exactly is what separates a valid homemade will from one that fails in part or in whole.
The main risks step by step
- Improper witnessing. Using a beneficiary as a witness voids their gift, and missing or incorrectly placed signatures can invalidate the will (Wills Act 1837, legislation.gov.uk).
- No residuary clause. Failing to say who inherits the remainder can send part of the estate into intestacy (Administration of Estates Act 1925, legislation.gov.uk).
- Ambiguous wording. Unclear descriptions of gifts or beneficiaries can cause disputes or a gift to fail (Money Helper, accessed June 2026).
- Missing assets. Overlooking assets, or not accounting for how jointly owned property passes, can leave the will incomplete (Money Helper, accessed June 2026).
- No update after life events. Marriage usually revokes a will, and a homemade will may not be reviewed when circumstances change (Wills Act 1837, legislation.gov.uk).
- Storage and discovery. If the original cannot be found after death, probate can be delayed or refused (Money Helper, accessed June 2026).
When a DIY will may be enough
A DIY will is most suitable where the estate and the wishes are simple. A single person or a married couple leaving everything to each other and then to their children, with no trusts, no business, no property abroad, and no inheritance tax concern, may be able to use a reputable template safely, provided the signing and witnessing rules are followed exactly (Money Helper, accessed June 2026).
The risk rises sharply with complexity. Blended families, where children from previous relationships need providing for, are a common situation where a simple template falls short. Trusts for young or vulnerable beneficiaries, business assets, foreign property, and estates large enough to face inheritance tax all involve decisions a template cannot make. In those cases the saving from a DIY will is small compared with the cost of an error after death.
How this connects to wills and probate
A DIY will follows exactly the same rules as a professionally drafted one, so the guidance on how to write a will and the detailed witness requirements apply equally. The difference is only in who takes responsibility for getting it right. A valid DIY will produces the same legal result as any other will once the testator has died.
The risk of a DIY will failing connects directly to the consequences after death. A will that is invalid, or that leaves part of the estate undealt with, can throw all or part of the estate into the intestacy rules, which may not match what the testator wanted. Whoever administers the estate then applies for probate, and errors in the will can complicate or delay that process. Getting the will right is what keeps the later stages straightforward.
When to use a solicitor versus doing it yourself
For a simple estate and clear wishes, a DIY will using a recognised template can be a valid, low-cost choice, as long as the Wills Act 1837 rules are followed precisely (Money Helper, accessed June 2026). Many simple estates are dealt with this way without difficulty.
A solicitor becomes the safer choice as complexity rises. Blended families, trusts, business interests, overseas assets, and inheritance tax planning all increase the risk of an error that cannot be corrected after death. A solicitor provides regulated advice and drafting, and reduces the chance of the will failing or being challenged. The Law Society and the Solicitors Regulation Authority maintain registers of authorised solicitors (lawsociety.org.uk and sra.org.uk, accessed June 2026). The decision turns on how simple the estate is and how much would be lost if a homemade will went wrong.
FAQ: DIY wills in the UK
Is a DIY will legally valid in the UK?
Yes. A homemade will is valid if it meets section 9 of the Wills Act 1837: in writing, signed by the testator, and witnessed by two people present at the same time who also sign (legislation.gov.uk). There is no legal requirement to use a solicitor. The risk is that errors in a DIY will often only come to light after death, when they cannot be fixed.
What is the biggest risk with a DIY will?
Improper witnessing is among the most damaging. If a beneficiary or their spouse witnesses the will, the gift to that person is void under section 15 of the Wills Act 1837 (legislation.gov.uk). Other major risks include leaving out a residuary clause, which can cause a partial intestacy, and ambiguous wording that leads to disputes or a failed gift.
When should I avoid a DIY will?
A DIY will is risky where the estate is complex: blended families, trusts for young or vulnerable beneficiaries, business assets, property abroad, or a likely inheritance tax liability (Money Helper, accessed June 2026). In these cases a template cannot make the decisions involved, and the cost of an error after death usually outweighs the saving. Professional drafting is generally safer here.
What happens if my DIY will is invalid?
If a will is invalid, the estate may pass under an earlier valid will or under the intestacy rules in the Administration of Estates Act 1925 (legislation.gov.uk). If only part of the will fails, such as a void gift to a witness, the rest may still stand. Because this is discovered after death, the testator cannot correct it, which is the central risk of getting a DIY will wrong.
Do I still need witnesses for a DIY will?
Yes. The witnessing requirement applies to every will, however it is drafted. Two witnesses must be present at the same time when the testator signs, and must then sign themselves, and neither should be a beneficiary or the spouse of one (Wills Act 1837, legislation.gov.uk). Skipping or mishandling this step is one of the most common reasons DIY wills fail.
