UK adults who want to control how their estate passes on death need a valid will, and the rules for making one are precise. This guide explains how to write a will in England and Wales: what the law requires, who can be an executor, how the document must be signed and witnessed, and how to keep it safe. It cites the Wills Act 1837, Money Helper, and the Law Society. 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 valid will in England and Wales must meet the requirements of 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 witness, or the spouse of a witness, cannot inherit under the will, or the gift to them is void (Wills Act 1837, section 15, legislation.gov.uk).
- The testator must be aged 18 or over and have the mental capacity to make a will (Money Helper, accessed June 2026).
- Marriage or civil partnership usually revokes an existing will unless it was made in contemplation of that marriage (Wills Act 1837, legislation.gov.uk).
- Dying without a valid will means the intestacy rules decide who inherits (Administration of Estates Act 1925, legislation.gov.uk).
What makes a will valid
A will is a legal document that sets out who should inherit a person's estate, who should administer it, and who should care for any young children. For a will to be valid in England and Wales, it must comply with section 9 of the Wills Act 1837 (legislation.gov.uk). This requires that the will is in writing, that it is signed by the testator, or by someone else in the testator's presence and at their direction, and that the signature is made or acknowledged in front of two witnesses who are present at the same time, each of whom then signs the will in the testator's presence.
Beyond the formal signing rules, the testator must be aged 18 or over and must have testamentary capacity, meaning they understand that they are making a will, the extent of their property, and the people who might expect to benefit (Money Helper, accessed June 2026). The will must also reflect the testator's genuine intentions, free from fraud or undue influence. A document that fails any of these requirements may be invalid, in which case the estate could pass under an earlier will or under the intestacy rules instead.
What a will should contain
A clear will usually covers several core elements. It names one or more executors, the people responsible for carrying out the will and administering the estate. It identifies the beneficiaries and the specific gifts or shares they receive. It includes a residuary clause that says who inherits anything not specifically mentioned, which prevents part of the estate falling into intestacy. Where there are children under 18, it can appoint guardians (Money Helper, accessed June 2026).
It is sensible to consult the proposed executors before naming them, since the role carries real responsibility. Many people also record funeral wishes, although these are not legally binding. The estate itself includes property, savings, investments, and possessions, less any debts. A will can also create trusts, for example to provide for a child until they reach a certain age, although trust provisions add complexity and often call for professional drafting.
The process step by step
- Value the estate. List property, savings, investments, and possessions, and note any debts, to understand what the will needs to deal with (Money Helper, accessed June 2026).
- Decide who inherits. Choose beneficiaries and the gifts or shares each receives, including a residuary clause for the remainder (Money Helper, accessed June 2026).
- Choose executors. Appoint one or more executors and, ideally, ask them in advance whether they are willing to act (Money Helper, accessed June 2026).
- Draft the will. Write the will clearly, using a solicitor, a will-writing service, or a recognised template, avoiding ambiguous wording (Law Society, accessed June 2026).
- Sign and witness it. Sign the will in the presence of two independent witnesses who are not beneficiaries, who then sign in the testator's presence (Wills Act 1837, legislation.gov.uk).
- Store it safely. Keep the original somewhere secure and tell the executors where it is, since the original is needed for probate (Money Helper, accessed June 2026).
Costs and routes
The cost of making a will depends on the route. A solicitor or professional will-writer charges a fee that varies by firm and complexity and is not fixed by statute. A simple will costs less than one involving trusts, business assets, or overseas property. Money Helper, the government-backed guidance service, explains the routes available, including lower-cost options and charity will schemes that some solicitors take part in (moneyhelper.org.uk, accessed June 2026).
There is no government fee to make a will itself, because a will does not need to be registered while the testator is alive. The witnessing requirement involves no charge. Costs arise only from professional drafting, optional secure storage, and later, after death, the separate probate process. Treating the will as part of wider planning, alongside a lasting power of attorney, can sometimes reduce overall professional fees where one provider handles both.
Common mistakes to watch
The most damaging mistakes affect validity. Improper witnessing is a leading example: if a beneficiary or their spouse acts as a witness, the gift to that person is void under section 15 of the Wills Act 1837 (legislation.gov.uk). Leaving out a residuary clause can send part of the estate into intestacy. Ambiguous wording about who receives what can lead to disputes or to a gift failing.
Other common problems include not updating the will after major life events. Marriage or civil partnership usually revokes an existing will unless it was made in contemplation of that marriage, and divorce treats a former spouse as having died for the purposes of gifts and appointments to them (Wills Act 1837, legislation.gov.uk). Failing to tell the executors where the original will is kept can also cause difficulty, because probate generally requires the original document, not a copy.
How this connects to lasting power of attorney and probate
A will only takes effect on death. For decisions during life, where capacity might be lost, the matching instrument is a lasting power of attorney for property and financial affairs, which is why the two are often made together. After death, the executors named in the will apply for a grant of probate to obtain the legal authority to administer the estate.
If a person dies without a valid will, the intestacy rules decide who inherits, regardless of what the deceased might have wanted, and unmarried partners receive nothing. Writing a valid will is therefore the step that keeps control of the estate with the testator rather than the statutory default. The will and the LPA cover different windows, life and death, and probate is the process that gives the will practical effect.
When to use a solicitor versus doing it yourself
A straightforward will, for example leaving everything to a spouse and then to children, can be made using a reputable will-writing service or a recognised template at lower cost, provided the signing and witnessing rules are followed exactly (Money Helper, accessed June 2026).
Professional drafting becomes more valuable as complexity rises: blended families, business interests, property abroad, trusts for children or vulnerable beneficiaries, or a likely inheritance tax liability all increase the risk of an error that only emerges after death, when it cannot be fixed. A solicitor can draft clear clauses, advise on tax, and reduce the chance of a successful challenge. 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 rests on the complexity of the estate and the family situation.
FAQ: how to write a will in the UK
What are the legal requirements for a valid will?
Under section 9 of the Wills Act 1837, a will must be in writing, signed by the testator or by someone at their direction in their presence, and the signature must be made or acknowledged in front of two witnesses present at the same time, who each then sign (legislation.gov.uk). The testator must be 18 or over and have the mental capacity to make a will.
Can I write my own will without a solicitor?
Yes. There is no legal requirement to use a solicitor, and a homemade or template will is valid if it meets the Wills Act 1837 rules (legislation.gov.uk). The risk is that errors in wording or witnessing only come to light after death. Money Helper explains the routes available, and professional help is often used for more complex estates (moneyhelper.org.uk, accessed June 2026).
Who can witness my will?
A will needs two witnesses who are present at the same time when the testator signs, and who then sign themselves (Wills Act 1837, legislation.gov.uk). A witness, or the spouse or civil partner of a witness, must not be a beneficiary, because a gift to them would be void under section 15. Independent adults who do not inherit are the safest choice.
Does marriage cancel my existing will?
Usually yes. Marriage or entering a civil partnership revokes an earlier will unless that will was made in contemplation of the marriage or civil partnership (Wills Act 1837, legislation.gov.uk). This catches many people out, so a will should be reviewed after marriage. Divorce does not revoke the whole will but treats a former spouse as having died for gifts and appointments to them.
What happens if I die without a will?
The intestacy rules in the Administration of Estates Act 1925 decide who inherits (legislation.gov.uk). A surviving spouse or civil partner receives the personal possessions, a statutory legacy of £322,000, and half of the remainder, with the rest passing to children. Unmarried partners inherit nothing under intestacy, which is the main reason a will matters where wishes differ from this default.
