How to Write a Will UK 2026: Complete Guide
How do I write a will in the UK?
Written document signed by you in presence of 2 independent witnesses (not beneficiaries). Name executors, list assets, name beneficiaries, appoint guardians if children under 18. DIY will packs (£10-£30) suitable for simple estates. Solicitor (£150-£500) essential if complex. Update after marriage (invalidates old will), divorce, or children. Store safely with solicitor, probate registry, or fireproof safe.
- Legal requirements: Written, signed by you + 2 witnesses (not beneficiaries)
- Must include: Executors, assets, beneficiaries, guardians if children
- DIY cost: £10-£30 will pack (simple estates only)
- Solicitor cost: £150-£500 (complex estates, IHT planning)
- Update after: Marriage (invalidates will), divorce, children, asset changes
- Storage: Solicitor, probate registry (£20), or fireproof home safe
Have more questions on UK death administration? Let Farra help.
Writing a will is one of the most important things you can do to protect your family and ensure your wishes are followed. This guide explains everything you need to know about writing a legally valid will in the UK—from what to include to avoiding common mistakes that could invalidate your will.
Contents
Why you need a will
A will is a legal document that sets out your wishes for what happens to your money, property, and possessions after you die. Without one, the law decides who gets what—and it might not match what you would have wanted.
In the UK, if you die without a will (called dying intestate), your estate is distributed according to fixed intestacy rules set by the government. See our complete guide on what happens if there's no will for detailed intestacy rules:
- Your spouse or civil partner might not inherit everything, especially if you have children
- Unmarried partners (even long-term partners) get nothing
- If you have no spouse or children, distant relatives you've never met could inherit
- Your estate could even go to the Crown if no relatives exist
A will also lets you appoint guardians for children under 18 and choose executors—the people who'll carry out your wishes.
Legal requirements for a valid will in the UK
For a will to be legally valid in England and Wales, it must meet three core requirements under the Wills Act 1837 as outlined by GOV.UK:
The 3 legal requirements for a valid will:
- It must be in writing — Typed or handwritten (not video or audio)
- You must sign it — In the presence of two witnesses
- Two witnesses must sign it — In your presence, at the same time
Additional legal points:
- You must be over 18 (or in the armed forces)
- You must have mental capacity when making the will
- You must make the will voluntarily, without pressure
Scotland and Northern Ireland have slightly different rules, though the core principles are similar.
What to include in your will
A comprehensive will should cover the following elements:
1. Your personal details
- Full legal name
- Address
- Date of birth
- A statement that this will revokes all previous wills
2. Your executors
Name the people who will administer your estate. You can appoint up to 4 executors, and it's wise to name substitutes in case your first choice can't act. Read our detailed guide on choosing an executor for more advice.
3. Guardians (if you have children under 18)
Name who will look after your children if you die, as explained in MoneyHelper's will-making guide. Discuss this with the people you choose first—it's a huge responsibility.
4. Your beneficiaries
Who gets what. You can leave:
- Specific gifts — "My wedding ring to my daughter Emma"
- Cash gifts — "£5,000 to my nephew James"
- Residuary estate — Everything that's left after specific gifts, debts, and expenses
5. Funeral wishes (optional)
You can include wishes about your funeral (burial vs cremation, music, type of service), though these aren't legally binding.
Choosing executors
Your executors are the people responsible for administering your estate after you die. They'll:
- Arrange the funeral
- Value your estate
- Pay any debts and taxes
- Apply for probate
- Distribute your estate to beneficiaries
Learn more about executor responsibilities and whether executors can be beneficiaries.
Choose executors who are:
- Trustworthy and organised
- Likely to outlive you (not 80 when you're 75)
- Willing to take on the responsibility
You can appoint up to 4 executors, and many people choose a mix of family members and professionals (like a solicitor). Professional executors charge fees, usually 3-5% of the estate value.
Appointing guardians for children
If you have children under 18, your will should name guardians who will care for them if you (and the other parent) die.
Important: If you're separated or divorced, the other parent usually gets parental responsibility automatically. Guardians only step in if both parents die or the other parent doesn't have parental responsibility.
When choosing guardians:
- Discuss it with them first — It's a massive commitment
- Consider their values, lifestyle, and ability to care for children
- Name backup guardians in case your first choice can't act
- Review this choice every few years as circumstances change
DIY will vs solicitor: what's best for you?
The big question: should you write your own will or use a solicitor?
When a DIY will works
You can safely write your own will if your situation is straightforward, as explained by Which?'s will-writing guide:
- You're married or in a civil partnership
- You want to leave everything to your spouse/partner
- You don't own property jointly with anyone else
- You don't have a business
- You don't have complex assets (overseas property, trusts)
- You don't have dependants from previous relationships
DIY will costs: £10-30 for online templates or will packs.
When you need a solicitor
Use a solicitor if you:
- Share property with someone who's not your spouse (e.g., a sibling)
- Have children from a previous relationship
- Own a business or farm
- Have assets abroad
- Want to set up trusts (for tax planning or protecting vulnerable beneficiaries)
- Have a large or complex estate
- Want to make provisions to reduce inheritance tax (IHT)
Solicitor will costs:
- Simple will: £150-300
- Mirror wills for couples: £200-500
- Complex wills with trusts: £500-1,000+
Warning: DIY wills that don't meet legal requirements can be invalid or challenged. If your will is rejected, your estate will be distributed under intestacy rules— exactly what you tried to avoid. For anything beyond a simple estate, professional advice is worth the cost.
How to write your will
If you're writing your own will, follow these steps:
Step 1: List your assets
Write down everything you own:
- Property (house, flat, land)
- Savings and investments
- Pensions (note: some can't be passed on via a will)
- Personal possessions (jewellery, art, cars)
- Business interests
Step 2: Decide who gets what
Make a list of who you want to benefit. Include full names to avoid confusion.
For your "residuary estate" (everything left after specific gifts), you can split it:
- "I leave my residuary estate to my wife Sarah Smith"
- "I leave my residuary estate to be divided equally between my three children"
Step 3: Choose executors and guardians
As covered above—choose carefully and ask their permission first.
Step 4: Write the will
You can:
- Use an online will-writing service (Which? Wills, Co-op Legal Services)
- Buy a will pack from a stationer (WHSmith, Ryman)
- Write it yourself from scratch (risky unless you're confident)
- Use Citizens Advice's guidance on making a will
Online services are usually the best DIY option—they guide you through the process and reduce the risk of errors.
Signing and witnessing your will
This is where many DIY wills go wrong. Follow these rules exactly:
The signing process:
- You sign the will in the presence of two witnesses (all three of you must be in the same room)
- Both witnesses then sign in your presence
- Everyone must be present for the whole process—you can't sign first and get witnesses later
Who can be a witness?
Witnesses must be:
- Over 18
- Of sound mind
- Able to see (not blind)
Who CANNOT be a witness:
- Beneficiaries named in the will
- Spouses or civil partners of beneficiaries
Critical: If a beneficiary (or their spouse) witnesses your will, they lose their inheritance from that will. The rest of the will remains valid, but that person gets nothing.
Witnesses don't need to read your will—they're just confirming they saw you sign it.
Common mistakes that invalidate wills
These errors can make your will invalid or cause it to be challenged:
1. Incorrect witnessing
The most common mistake. All three people (you and both witnesses) must be in the same room when each person signs.
2. Beneficiaries acting as witnesses
Your friend can't witness your will if you're leaving them £10,000—they'll lose that gift.
3. Making changes after signing
Never cross out parts of your will or write amendments on it. If you need to make changes, either:
- Write a codicil (amendment) with the same formalities as a will
- Write a completely new will (usually simpler)
4. Not updating after marriage
Marriage automatically revokes any previous wills (unless the will was written in contemplation of that marriage), as confirmed by GOV.UK. Write a new will when you get married.
5. Attaching things to your will
Never staple or paperclip anything to your will. If a staple is removed, it raises suspicion that a page was removed, and your will could be challenged.
6. Vague language
Be specific:
- ❌ "My house to my children" (which house? equally? one each?)
- ✅ "My property at 45 Oak Street, Bristol to be divided equally between my children Emma Smith and James Smith"
7. Not accounting for someone dying before you
What happens if a beneficiary dies before you? Include a backup plan:
"I leave £20,000 to my sister Jane. If she does not survive me, I leave this sum to her children in equal shares."
Storing your will safely
Your will is useless if no one can find it.
Safe storage options:
- Fireproof safe at home — Cheap and accessible, but vulnerable to damage
- With your solicitor — Safe and professional, some charge storage fees
- Probate Registry storage service — £20 one-off fee, very secure
- Bank safe deposit box — Secure but can be expensive (£100-300/year)
Critical: Tell your executors where your will is stored. Consider giving them a copy (marked "COPY - original held at [location]") so they know it exists.
What NOT to do:
- Don't keep it in a safety deposit box only you can access
- Don't hide it somewhere "safe" without telling anyone where it is
- Don't keep it with other random paperwork where it might get lost
When to update your will
Review your will every 5 years as standard.
Update your will immediately after these life events:
- Marriage or civil partnership — Revokes previous wills
- Divorce or dissolution — Treats ex-spouse as if they died before you
- Having children — Update to include guardians and provisions
- Buying or selling major assets — Especially property
- Executor or beneficiary dies — Name replacements
- Moving abroad — May need separate wills for different countries
- Starting a business — Consider succession planning
To update a will, you can either write a new will (which revokes all previous wills) or add a codicil (amendment). A new will is usually simpler and clearer.
What happens after someone dies?
Writing a will is just the first step. When someone dies, their executors must:
- Value the entire estate
- Calculate and pay inheritance tax (if the estate is over £325,000)
- Apply for probate
- Deal with HMRC, banks, pension providers
- Distribute the estate to beneficiaries
This process is complex, involves multiple government forms from HMRC (IHT400 has 17 pages and 8 supplementary schedules), and takes an average of 9-12 months to complete.
If you're dealing with someone's estate after they've died, Farra can help. We guide you through probate step-by-step, generate the forms you need, and provide letter templates for notifying organisations.