Will Writing UK Guide

Why You Need a Will

A will is a legal document that sets out how you want your estate — everything you own — to be distributed after your death. It also lets you appoint an executor (the person who carries out your wishes), guardians for any children under 18, and make specific gifts of money, property, or possessions to individuals or charities.

Without a will, you are said to die intestate. The Government's intestacy rules then apply automatically, and they may distribute your estate in ways you would never have chosen. Unmarried partners, stepchildren, close friends, and favourite charities receive nothing under intestacy — regardless of how long or how closely you were connected.

Having a valid, up-to-date will also simplifies the probate process for your family during a difficult time, and can form part of a broader inheritance tax planning strategy.

Dying Intestate: Who Inherits Under the Intestacy Rules?

In England and Wales, the Administration of Estates Act 1925 (as amended) sets out the strict order in which relatives inherit if you die without a will. The rules differ slightly in Scotland (succession law) and Northern Ireland.

England & Wales Intestacy Order (2025)

How to Make a Legally Valid Will in the UK

Under the Wills Act 1837 (England & Wales), a will must meet all of the following requirements to be legally valid:

1. In writing — typed or handwritten (audio and video recordings are not valid).
2. Signed by the testator — the person making the will must sign at the bottom (or someone must sign in their presence and at their direction if they cannot sign themselves).
3. Two witnesses present simultaneously — both witnesses must be present at the same time and watch the testator sign, then each witness must sign in the testator's presence.
4. Witnesses must be independent — witnesses and their spouses or civil partners cannot receive any benefit under the will. Their signatures would still be valid, but any gift to them would be void.
5. Testamentary capacity — the testator must be of sound mind, memory, and understanding (the "Banks v Goodfellow" test: knowing the nature of making a will, the extent of their property, the people who might expect to benefit, and that no disorder of the mind is influencing their decisions).
6. Must be 18 or over — with limited exceptions for members of the armed forces on active service.

What to Include in Your Will

A comprehensive will should address the following elements:

1. Executor Appointment

Your executor is legally responsible for administering your estate — gathering assets, paying debts, filing tax returns, and distributing the estate according to your wishes. You can appoint up to four executors. Many people choose a trusted family member, friend, or their solicitor. Always name a substitute executor in case your first choice is unable or unwilling to act.

2. Beneficiaries

Name every beneficiary clearly — full legal name, date of birth, and relationship to you — to avoid ambiguity. State what each person should receive: a specific sum, a percentage of the estate, or a specific item.

3. Specific Gifts

You can leave specific items — a piece of jewellery, a car, a sum of cash — to named individuals. Make sure descriptions are precise enough to be unambiguous. Be aware that if you no longer own the item at the date of death (it has been sold or given away), the gift will fail (known as "ademption").

4. Residuary Estate

The residuary estate is everything left after specific gifts, debts, taxes, and administration costs have been paid. Always name a residuary beneficiary. If you fail to do so, the undistributed portion falls into partial intestacy and the intestacy rules apply to it.

5. Guardians for Minor Children

If you have children under 18, appointing a guardian in your will is essential. Without one, a court may need to decide who cares for your children. Discuss this with your chosen guardian before naming them.

6. Trusts

You can direct that assets be held in trust — for example, for a child until they reach 18 or 21, or for a beneficiary with a disability. Testamentary trusts require careful drafting and often benefit from solicitor input.

Will Writing Costs: Your Options

When to Update Your Will

A will should be reviewed after any major life event:

• Marriage or civil partnership — automatically revokes any existing will in England and Wales.
• Divorce or dissolution — does not revoke your will, but gifts to your ex-spouse and their appointment as executor are treated as if they had died on the date of the final order.
• Birth of a child or grandchild — update beneficiaries and guardianship provisions.
• Death of a beneficiary or executor — substitute names should be reviewed.
• Significant change in assets — acquiring or selling property, a business, or an inheritance.
• Moving abroad or acquiring foreign assets — complex cross-border estate issues.
• Change in tax legislation — inheritance tax threshold changes may affect your planning.

Minor updates can be made by a codicil — a separate signed and witnessed document that amends but does not replace the original will. For major changes, it is usually cleaner to write a new will and explicitly revoke the previous one.

Storing Your Will

The original signed will must be kept safe but accessible to your executor when needed. Options include:

• With your solicitor — most offer free storage as standard. They will notify relevant parties on your death.
• National Will Register (Certainty) — the UK's largest will register. Lifetime registration from approximately £30. Solicitors, will writers, and individuals can register. Solicitors are required to check the register before distributing an estate.
• At home — in a fireproof safe or envelope clearly marked "MY WILL". Tell your executor exactly where it is.
• HM Courts & Tribunals Service (Probate) — you can deposit a will with the Principal Registry (small fee applies) for safe custody until death.

Never store the original will in a bank safe deposit box that requires a grant of probate to open — your executor would be caught in a circular problem.

Executor Duties

After your death, your executor must:

1. Register the death and obtain death certificates.
2. Locate and value all assets and liabilities (banks, investments, property, debts).
3. Calculate any inheritance tax due and pay HMRC within six months of the date of death to avoid interest charges.
4. Apply for a Grant of Probate if required (see our Probate Costs guide).
5. Collect assets, pay debts and administration costs.
6. Distribute the estate to beneficiaries and prepare estate accounts.

Executors act in a personal legal capacity and can be held liable for mistakes, so professional executor services are worth considering for large or complex estates.

Living Will (Advance Directive): A Different Document

A living will — also called an advance decision or advance directive — is entirely separate from a last will and testament. A living will records your wishes about medical treatment if you become incapacitated and unable to communicate. You can use it to refuse specific life-sustaining treatments (such as cardiopulmonary resuscitation or artificial ventilation). A living will is distinct from a Lasting Power of Attorney for Health & Welfare, which appoints someone to make decisions on your behalf rather than setting out your own refusals in advance. Neither document handles financial matters — that requires a Lasting Power of Attorney for Property & Financial Affairs.

Frequently Asked Questions