A will should name who gets what, who looks after any children under 18, and who sorts out your estate. It should also say what happens if someone you name dies before you. GOV.UK sets out those basics, and this guide turns them into a checklist you can work through in one sitting. It covers each clause, the choices behind it, the mistakes that cause trouble later, and the signing rules that make the document valid.
The rules differ across the UK. Scotland and Northern Ireland have different will rules from England and Wales, so we flag where it matters.
TL;DR
- A basic will needs five things: who benefits, who administers the estate (your executors), who looks after children under 18, what happens if a beneficiary dies first, and any gifts to charity.
- List what you own before you write, but you rarely need to name every bank account in the will itself.
- Appoint at least two executors if children under 18 or a trust are involved, and name a backup guardian.
- A will is only valid if it is signed and witnessed correctly. In England, Wales and Northern Ireland that means two adult witnesses, present together, who do not benefit.
- Review your will after big life changes. Marriage or civil partnership cancels an existing will in England and Wales.
Start with what you own
Before you decide who gets what, you need a picture of what there is. The Law Society says an estate can include UK or overseas property, savings and investments, insurance funds, pension funds and personal possessions. Its advice is to list assets first and decide how they should be shared second.
A useful list covers:
| What to list | Where to find it |
|---|---|
| Your home and any other property | Title deeds, mortgage statements, Land Registry record |
| Current, savings and ISA accounts | Bank statements, online banking |
| Investments, shares, Premium Bonds | Provider statements, annual summaries |
| Pensions | Pension provider letters, workplace pension portal |
| Life insurance and other policies | Policy documents, insurer emails |
| Business interests | Companies House record, shareholder agreements |
| Vehicles, jewellery, heirlooms | Your own inventory, with photos |
| Digital assets and online accounts | Password manager, account emails |
Two cautions. First, some assets do not pass under your will at all. Jointly owned property and accounts often pass automatically to the surviving owner, and pensions and some life policies may pay out to a person you have nominated. Check how each asset is held before promising it to someone in your will.
Second, you do not need to be exact about values. You need to know what exists, roughly what it is worth, and who holds the paperwork.
The core clauses every will needs
These are the building blocks. A straightforward will should identify beneficiaries, arrangements for children under 18, the executor who will administer the estate, and what happens if a beneficiary dies first.
1. Your details and a revocation clause
A will opens with your full name and address. It should also state that it cancels all earlier wills and codicils. Without that line, an old will can cause confusion about which wishes apply. If you have an older will, mention it to whoever helps you so the new one replaces it cleanly.
2. Your executors
Executors carry out your will. Citizens Advice says they collect assets, deal with paperwork, pay debts, taxes and costs, and give gifts and property to beneficiaries. They can be relatives or friends, solicitors or accountants, banks, the Public Trustee or, in some cases, the Official Solicitor.
One executor is legally enough and you can appoint up to four. Citizens Advice recommends considering more than one, and says you need at least two where beneficiaries are under 18 or a trust is involved. Practical points when choosing:
- Pick someone organised, who is likely to outlive you and is willing to do the job.
- Name a replacement in case your first choice cannot act.
- Tell them. Being an executor is a real responsibility and it helps if they hear it from you first.
In Scotland the role is similar. Scottish Government guidance describes executors making an inventory, paying taxes and debts, obtaining confirmation, gathering the estate and distributing it.
3. Guardians for children under 18
If you have children under 18, say in your will who you want to look after them. Scottish guidance also lists naming a guardian as part of a Scottish will.
Things to think through:
- Choose someone who fits your children’s lives. Grandparents, siblings and close friends are common choices. Consider age, health, where they live and whether they share your approach to parenting.
- Ask them first. A guardian who has never been told may feel unable to say yes later.
- Name a backup. If your first choice cannot act and nobody else is named, the decision may end up with a court.
- Check the other parent’s position. If the other parent has legal responsibility for your children, they will usually take over on your death. A guardian clause matters most if you are a single parent, or if both parents could die together.
- Pair the guardian clause with money. A guardian needs funds to raise your children. Many people leave assets to children in a trust, run by trustees until the children reach an age you choose.
4. Who gets what
This is the heart of the will. You can include three kinds of gift:
- Specific gifts: a named item, such as a ring, a car or a painting.
- Cash gifts: a set sum to a person or charity.
- The residue: everything left after debts, costs, taxes and the gifts above.
The residue clause is the one many people overlook, and it is the most important. It sweeps up anything you did not mention, including accounts you open after writing the will and items you forgot. Because of it, you generally do not need to name each bank account individually. A will that lists accounts can go out of date every time you switch bank, and it adds nothing the residue clause does not already cover. Do the listing in a separate, updatable record instead, which is where the executor’s work becomes much easier.
Name people clearly. “My brother” is not enough if you have two. Use full names and, where it helps, a relationship or address.
5. What happens if a beneficiary dies first
The Law Society tells people to think about what happens if beneficiaries die before them. Without a backup instruction, a gift can fail and the money may end up passing in ways you did not intend.
Common fixes:
- Say the gift passes to the beneficiary’s children.
- Name a second beneficiary.
- Direct the failed gift into the residue, with a final fallback such as a charity.
6. Gifts to charity
GOV.UK notes that you can include gifts to charity. Use the charity’s full registered name and number if you can, so there is no doubt about which organisation you mean. A charity gift can also affect Inheritance Tax, so check the current rules on gov.uk before relying on a particular rate.
7. Funeral wishes and other requests
You can say whether you want burial or cremation, name a service you would like, or record organ donation wishes. Scottish guidance lists body, organ donation and funeral wishes among the things a will can address. Because a will is often read after the funeral has been arranged, tell your family these wishes in person as well.
Scotland has its own rules on who can claim
In Scotland, a will does not give you total freedom. Distribution remains subject to legal rights claimed by a surviving spouse, civil partner or children. If you live in Scotland, or own property there, take advice before cutting close family out of your will.
When a simple will is not enough
An online will suits many people. GOV.UK recommends professional advice where your situation is not straightforward. Examples it gives:
- You own a property jointly with someone who is not your spouse.
- You have dependants who cannot care for themselves.
- You expect someone might make a claim against your estate.
- You have a permanent home or property overseas.
- You own a business.
If any of these apply, you can still draft your wishes first, then use our directory of financial advisers and solicitors to find someone to check them.
Common mistakes and things to leave out
Leaving the will unsigned or badly witnessed. This is the mistake that can undo everything else. See the next section.
Putting funeral instructions only in the will. It may not be read in time. Say it aloud too.
Naming a witness who is also a beneficiary. In England and Wales, witnesses must be over 18 and must not be beneficiaries or their spouses or civil partners.
Forgetting about marriage. The Law Society says marriage or civil partnership automatically cancels an existing will in England and Wales, while divorce or separation should prompt a review.
Attaching conditions you cannot enforce. Keep gifts simple. Heavily conditional wishes are hard for executors to apply and can lead to disputes.
Not updating it. nidirect suggests reviewing a will every five years and after major changes such as separation, marriage, divorce, having a child or moving house. Changes should be made by a codicil or a new will, never by crossing things out on the original.
Writing out every account number. As explained above, a residue clause does the job without dating your will.
Signing and witnessing: get this right
A will can be perfectly written and still be invalid. In England and Wales and Northern Ireland, section 9 of the Wills Act 1837 requires:
- The will is in writing.
- You sign it, or someone signs it for you in your presence and by your direction.
- You intend the signature to make the document your will.
- You sign or acknowledge your signature in front of at least two witnesses present at the same time.
- Each witness signs in your presence.
nidirect adds that in Northern Ireland the witnesses must not benefit and all three of you must be present together, and that a video recording is not a valid will. Scotland has its own formalities, so follow Scottish guidance if you live there.
A simple routine: sign the will with both witnesses watching, ask each to sign while you watch, and make sure nobody who benefits from the will is one of them.
How WillFull helps
We built WillFull so the checklist above does not live in your head or a drawer. You can write a legally valid will for free, answering plain-English questions step by step. Alongside it, you can record your property, bank accounts, pensions, insurance, business interests, digital assets and logins in one place.
The will itself covers what you want to happen. The estate record covers what exists, and that is the part that goes stale fastest.
The Will + Connected estate plan is £9.99 per month. It keeps your estate details current, can look up property and company records from HM Land Registry and Companies House, and gives a live Inheritance Tax estimate. If you are an executor settling an estate where no plan was active, connected estate access for executors is a one-off £200.
Our perspective: the will is only half the job
Most guides, this one included, spend their time on clauses. That matters, but it is not where families struggle most. The harder part usually comes after: an executor knows what the will says, but not which bank accounts exist, where the pension is, or what the logins are. Forgotten assets are a real loss, and no clause in a will can fix them.
So we suggest treating your will as one document in a pair. The will states your wishes and changes rarely. The estate record lists what you own and changes constantly. If you keep the second up to date, your executors have what they need without hunting through paper, and you can update it whenever your finances change, without redrafting the will.
That is why we offer the will for free and charge only for keeping your estate connected and handing it to executors. We would rather you made a will today than put it off until you have the perfect plan.
— the WillFull team
A short checklist to finish
Before you sign, check you can tick each of these:
- Full name and address, and a line cancelling earlier wills.
- At least one executor, ideally two, and a replacement.
- Guardians for children under 18, with a backup.
- Specific gifts, cash gifts and a residue clause.
- A backup plan if a beneficiary dies first.
- Any charity gifts, correctly named.
- Funeral wishes, if you have them, also told to your family.
- Two adult, non-benefiting witnesses arranged.
- A safe place to keep the will, and someone who knows where it is.
FAQ
Should bank accounts be named in a will?
Usually not. A residue clause covers anything not specifically given away, so you do not need to list each account. Naming accounts can also leave your will out of date when you change bank. Keep a separate, current list of accounts for your executors instead.
What is the most important thing to put in a will?
Who you want to benefit, and who will carry out your wishes. Without clear beneficiaries and an executor, the estate may be shared under default rules rather than your own choices. If you have children under 18, a guardian comes next.
Can I appoint a guardian for my children in my will?
Yes. If you have children under 18, GOV.UK says to include who you want to look after them. Ask the person first, name a backup, and consider a trust to provide for the children’s upbringing.
How many executors should I appoint?
One is legally enough, and up to four can be named. Citizens Advice recommends more than one, and at least two where beneficiaries are under 18 or a trust is involved. Naming a replacement is sensible too.
Do I need a solicitor to make a will?
Not for a straightforward estate. If you own a business, have overseas property, co-own with someone who is not your spouse, or expect a family claim, GOV.UK recommends professional advice.
Sources
- Making a will: Overview, GOV.UK
- Making a will: Write your will, GOV.UK
- Making a will, The Law Society
- Making a will, Citizens Advice
- Making a will, nidirect
- Probate, nidirect
- Wills Act 1837, section 9, legislation.gov.uk
- What to do after a death in Scotland: practical advice, Scottish Government
- Distribution of property and possessions, Scottish Government