In England, Wales and Northern Ireland, you can write a legally valid will provided it is in writing, you are 18 or over and of sound mind, and you sign it in front of two adult witnesses who also sign. Keep your estate simple and a DIY route can work. For anything complicated, such as trusts, a business or a blended family, a solicitor is the safer choice. Start today by listing everything you own and who should get it.
TL;DR:
You must sign before two adult witnesses present together, then each must sign in your presence; neither a beneficiary nor that person’s spouse may witness.
The £325,000 nil rate band and £175,000 residence band can together cover £500,000; the latter requires a home to pass to direct descendants.
A jointly owned home may pass outside your will: joint tenants transfer ownership automatically, while tenants in common can leave their share to a beneficiary.
Keep the signed original where executors can find it, and review the will every five years or after marriage, divorce, a birth, or moving home.
How do you prepare, draft and sign your will?
Writing a will is easier when you work in a fixed order. Here is the sequence we suggest:
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List what you own. Gather the details before you write anything.
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Decide who gets what. Name your beneficiaries and any specific gifts, such as a ring, a car or a sum of money.
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Add a fallback. Say what happens if a beneficiary dies before you, for example that their share passes to their children or is split among the others.
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Choose your executors. These are the people who will carry out your wishes.
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Draft the will. Keep the structure plain and the wording clear.
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Sign it in front of two witnesses. Follow the signing rules exactly.
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Store the original and tell your executors where it is.
When you list your assets, Citizens Advice is a good reference for what to include. Check you have covered each of these:
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Property, including any share in a home you own jointly
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Bank and building society accounts
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Pensions and any death benefit they pay
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Life insurance policies
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Debts, loans and credit cards
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Digital assets such as online accounts, photos and cryptocurrency
A workable will can include these parts. First, a line revoking all earlier wills. Second, your gifts. Third, a residuary clause, which says who receive everything not specifically mentioned. Fourth, the appointment of your executors. Short, literal sentences cause fewer disputes than clever ones. “I give my savings account at X bank to my sister Anna” beats “my sister should have the money”.
On executors, choose people who are willing, organised and likely to outlive you. Some people name a professional alongside a family member. Ask them first, so nobody is surprised.
When you sign, you sign first, with both witnesses watching. Then each witness signs in your presence. Witnesses must not be beneficiaries or married to one. Once the will is signed, put the original somewhere safe and tell your executors where it is.
What makes a will legally valid?
The test is set out in Gov. In England, Wales and Northern Ireland, a will must be in writing and signed by you, or by someone else at your direction and in your presence. Two adults must be present at the same time to witness it, and each must sign. You must be 18 or over and of sound mind, meaning you understand what you own, who your family are and what the will does. The statutory wording sits in the Wills Act 1837.
Scotland has its own rules, so Scottish readers should check Citizens Advice Scotland before relying on this section.
Most invalid wills fail on a handful of avoidable errors:
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A beneficiary or their spouse acts as a witness, which can cancel that person’s gift
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Witnesses arrive separately instead of watching together
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Someone writes changes on the signed document afterwards, which do not count
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The will is unsigned, or signed before the witnesses are present
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The person signing did not understand what they were signing
Never scribble amendments onto a signed will. Use a codicil, which is a formal addition signed and witnessed the same way, or make a new will.
Pro Tip: Ask two neighbours or colleagues who will inherit nothing, and who have no spouse or partner who will. Keep a pen with you so everyone signs in the same ink.
Who should be your executors, beneficiaries and guardians?
Executors do the practical work after you die. They collect your assets, pay your debts and apply for probate, the legal authority to deal with your estate, as GOV.UK explains on grants of representation. The role takes time and some patience, so pick someone dependable rather than simply the eldest child.
Weigh these points when choosing:
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Where they live, since distance makes paperwork and property visits harder
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Whether they can stay neutral if family members disagree
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How comfortable they are with forms and money
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Whether two executors would share the load or slow things down
If you have children under 18, name a guardian. Use plain wording, such as “I appoint my brother Tom to be guardian of my children, and if he cannot act, my friend Sara”. Add substitute gifts for beneficiaries too, so a share does not fall into confusion if someone dies first.
Give your executors a short pack: the list of accounts, policy details, key logins and the location of the original will.
Pro Tip: Tell your executors in person that you have named them. Discovering the role after a death is a poor surprise.
What does Inheritance Tax mean for your will?
Inheritance Tax is charged on the value of an estate above certain allowances. GOV.UK confirms the current thresholds:
The nil-rate band is £325,000 and the residence nil-rate band is £175,000. Together they can let a qualifying estate pass up to £500,000, and unused bands can transfer to a surviving spouse or civil partner, reaching up to £1 million.
Here is what that means in practice:
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The residence band applies when a home passes to direct descendants such as children or grandchildren
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Unused allowances between spouses and civil partners can be carried across
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The residence band reduces by £1 for every £2 of estate value above £2 million
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Lifetime gifts and trusts have their own rules, summarised in GOV.UK’s thresholds page
Say a widow leaves a home to her daughter, with an estate comfortably below the thresholds. The allowances may cover it. If the estate were much larger, the taper could reduce the residence band, and the bill could rise. These are general illustrations, not tax advice. If your estate is near or above the thresholds, speak to a tax specialist before you draft gifts.
Should you write a DIY will or get professional help?
A DIY will can suit you if your assets are straightforward, your wishes are clear and there are no trusts or business interests. Citizens Advice notes that you are not legally required to use a solicitor, but that complex estates are better handled by one, because mistakes can lead to disputes and costs that outweigh the savings.
Consider a solicitor if any of these apply:
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You own property in several places, or abroad
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You run a business or hold business property
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You are likely to pay Inheritance Tax
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You have a blended family, or a dispute is plausible
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You want to use trusts
The common DIY problems are ambiguous wording, incorrect witnessing and forgotten assets. A vague sentence can sit unnoticed for years and then cost a family a prolonged argument. Costs vary widely: online services sit at the lower end, solicitor fees rise with complexity, and the price depends on what you need.
Pro Tip: If you go DIY, have a solicitor or a trusted adviser read the finished draft. A short review is cheaper than a contested estate.
Where should you store, update or revoke your will?
Probate normally needs the original signed document, so a photocopy is rarely enough. If nobody can find it, your estate may be treated as though you left no will, with the intestacy rules deciding who inherits instead, as GOV.UK sets out.
Your storage options each have trade-offs:
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Solicitor custody: safe and findable, though it ties you to one firm
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Secure home storage: convenient, but only if your executors know exactly where to look
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A will registration service: helps others trace the document, with a small fee
For small changes, use a codicil. For anything substantial, write a new will and destroy the old one to revoke it. Citizens Advice covers the options. GOV.UK recommends checking your will every five years and after major life events:
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Marriage or civil partnership
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Divorce
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The birth of a child
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Moving home
How do you find the right solicitor or adviser?
Start with GOV.UK’s guide to buying will writing services, which sets out consumer checks and cautions about different suppliers. If you want a professional, our adviser directory can help you find one. Before you commit, work through these questions:
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Are you a regulated solicitor, or an unregulated will writer?
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What qualifications do you hold, and can I check them?
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What exactly does the fee cover, including later changes?
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How long will it take?
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Where is the original will stored, and what happens if you close?
For complex or high-value estates, a regulated solicitor is usually the safer pick. Bring a documents pack to the first meeting, with your asset list, account details, family names and your wishes written down. It speeds up accurate drafting.
What happens at probate after you die?
Probate is the process of dealing with a person’s estate after death. Your executors first find the will and value the estate. They then apply for a grant of representation, the document that proves their legal authority, as GOV.UK describes. With that grant, they can access bank accounts, sell or transfer property and close policies.
The steps usually run in this order:
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Locate the original will and register the death
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List and value the assets and debts
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Pay any Inheritance Tax that is due
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Apply for the grant
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Collect assets and settle debts
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Share what remains among the beneficiaries
Timing depends on the estate. A small, tidy one moves faster than one with property in several places or missing paperwork. Executors with clear records on hand tend to avoid the longest delays. That is why the checklist of accounts, policies and logins matters as much as the will itself. If you die without a will, the intestacy rules decide who inherits, and that may not match what you would have chosen.
What if you own property jointly or abroad?
Joint ownership changes what your will can do. If you own a home as joint tenants, the share normally passes automatically to the surviving owner, whatever your will says. If you own as tenants in common, your share is yours to leave, and the will governs it. Check how your home is held before you write gifts, because a will that promises a house you do not control invites confusion.
Property abroad adds another layer. Foreign countries often apply their own inheritance laws to land within their borders. A UK will may not control it, and some people make a separate local will for overseas assets. If you take that route, make sure the wills do not contradict one another, for instance by each revoking the other. Seek advice from a lawyer with experience in the country concerned.
Tell your executors about every overseas asset, including the local contacts and documents they will need. For anything beyond a simple jointly owned home, professional advice is well worth the fee.
Why clear wills and up-to-date records matter
The estates that go smoothly share one trait: the paperwork is clear. A will can be flawless, yet an executor who cannot find the pension, the old policy or the online account still faces months of searching. Unclear wording causes disputes, and missing records cause delay and cost. Both are avoidable.
Keep your will simple and specific, and keep your list of assets current whenever something changes. A will written once and forgotten ages quickly. Put a review date in your diary and act on it. Doing this now is far easier than leaving it to people who are grieving.
— Jason
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This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
FAQ
How much does it cost to get a will written in the UK?
Costs depend on the route and the complexity of your estate. Online services usually sit at the lower end, while solicitors charge more for complicated situations. GOV.UK’s buying guidance suggests checking exactly what the fee covers before you commit.
What is Inheritance Tax in the UK?
Inheritance Tax is a tax on the value of an estate above certain allowances. The nil-rate band is £325,000 and the residence nil-rate band is £175,000. Unused allowances can pass between spouses and civil partners.
What should be in my will?
Include your executors, your beneficiaries, any specific gifts and a residuary clause for everything else. Add guardians if you have children under 18, and fallback gifts in case someone dies first. Citizens Advice also suggests covering digital assets and funeral wishes.
What is the biggest mistake in a will?
Getting the signing wrong is among the most damaging mistakes, especially using a beneficiary as a witness, which can cancel that person’s gift. Ambiguous wording and forgotten assets come close behind. GOV.UK’s rules on a legal will explain how to avoid them.