Only 37% of UK adults currently have a valid will, according to the National Wills Report 2025 — leaving nearly two-thirds of the population exposed to the rules of intestacy. Yet writing a will is simpler than most people assume. This guide explains exactly what you need to do, what the law requires, and how to make sure your will is valid and up to date — so your family is never left searching for answers at the worst possible moment.

This guide covers England and Wales

Will law differs across the UK. Scotland and Northern Ireland have separate rules. If you live in Scotland, the Succession (Scotland) Act 1964 applies and you should seek Scottish-specific advice.

Why You Need a Will

A will is the only legal way to control what happens to your estate — your money, property, and possessions — when you die. Without one, your estate passes under the rules of intestacy, a rigid legal formula that takes no account of your actual wishes. Under intestacy rules in England and Wales, an unmarried partner inherits nothing, regardless of how long you have been together. Stepchildren you raised from birth inherit nothing. Charities you supported for decades inherit nothing. Even where the right people do inherit, the process is slower and more expensive without a will. Probate — the legal process of administering an estate — typically takes longer when there is no will, and the family must first apply to become administrators before any assets can be distributed.

The Legal Requirements for a Valid Will

Under Section 9 of the Wills Act 1837, a will is only legally valid in England and Wales if it meets all of the following requirements:

You must be 18 or over (or a member of the armed forces on active service)
You must be of sound mind — meaning you understand what a will is, what you own, who your close relatives are, and that you are making a will
The will must be in writing — typed or handwritten
You must sign the will in the presence of two independent witnesses
Both witnesses must sign the will in your presence, at the same time
Witnesses cannot be beneficiaries — if a witness is also a beneficiary, they lose their inheritance under the will
Witnesses cannot be the spouse or civil partner of a beneficiary

There is no requirement to use a solicitor, and no need to register a will. However, a will that fails to meet any of these requirements is invalid — and an invalid will is treated as if it does not exist, meaning the intestacy rules apply.

What to Include in Your Will

A well-drafted will should cover the following:

Element	What to include
Executor	The person (or people) responsible for carrying out your wishes. You can appoint up to four executors. A solicitor can act as executor for a fee.
Beneficiaries	Who inherits your estate — and in what proportions. Name them clearly with full names and relationships.
Specific gifts	Particular items or sums of money you want to leave to specific people — a piece of jewellery, a car, a cash legacy.
Residuary estate	Who inherits everything left over after specific gifts, debts, and expenses have been paid.
Guardians for children	If you have children under 18, name the person you want to care for them if both parents die.
Funeral wishes	Burial or cremation preferences. These are not legally binding but guide your executor.
Trusts (if needed)	If leaving assets to young children or vulnerable beneficiaries, a trust can protect the inheritance until the right time.

Choosing Your Executor

Your executor is one of the most important decisions in your will. They are the person who will apply for probate, collect your assets, pay your debts and taxes, and distribute your estate to your beneficiaries. It is a significant responsibility — often taking many months and hundreds of hours of work. Choose someone you trust completely, who is organised and capable, and who is likely to outlive you. You can appoint a professional executor (such as a solicitor or bank), but they typically charge a percentage of the estate — often 1–3%. A trusted family member or friend is often the better choice for straightforward estates, provided they are willing to take on the role. Always ask the person before naming them.

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DIY Will vs. Using a Solicitor

You can write your own will using a DIY kit or online service — and for simple estates, this can be perfectly adequate. However, DIY wills carry real risks. A single error in wording, witnessing, or signing can render the entire document invalid. Common problems include unclear beneficiary descriptions, gifts that fail because the asset was sold before death, and witnesses who are also beneficiaries. A solicitor-drafted will typically costs between £150 and £500 for a simple will, or £250 to £800 for mirror wills for a couple. For more complex estates — those involving trusts, business assets, foreign property, or potential IHT planning — professional advice is strongly recommended. The cost of getting it wrong far exceeds the cost of getting it right.

Option	Typical cost	Best for
DIY will kit	£10–£50	Very simple estates with no complications
Online will service	£50–£150	Straightforward estates; some guidance provided
Will-writing service	£100–£300	Moderate complexity; check for professional indemnity insurance
Solicitor	£150–£500+ (single); £250–£800+ (mirror)	Complex estates, trusts, IHT planning, business assets
Free Will Month / Will Aid	Free or donation	Simple wills; runs annually in October (Will Aid)

Mirror Wills for Couples

Mirror wills are two separate but near-identical wills made by a couple — typically leaving everything to each other first, and then to their children or other beneficiaries on the second death. They are the most common arrangement for married couples and civil partners. One important point: mirror wills are legally independent documents. Once one partner dies, the surviving partner is free to change their will entirely — including cutting out the children named in the original arrangement. If you want to prevent this, a mutual will (which creates a binding legal obligation not to change the will) or a trust may be more appropriate, though both are more complex and expensive to set up.

Common Mistakes That Can Invalidate a Will

Even a carefully written will can fail if it contains certain errors. The most common problems are:

A witness is also a beneficiary — they lose their gift, and if there are fewer than two independent witnesses, the will is invalid
The will was not signed in the presence of both witnesses simultaneously
The testator lacked mental capacity at the time of signing
The will was made under undue influence — pressure from another person
A beneficiary is described too vaguely to identify them
The will was altered after signing without being re-witnessed
Marriage or civil partnership after the will was made — this automatically revokes the will in England and Wales

Marriage revokes a will

In England and Wales, getting married or entering a civil partnership automatically revokes any existing will. If you marry without making a new will, your estate will pass under the intestacy rules — not your previous will. Always make a new will after marriage.

When to Update Your Will

A will is not a one-time task. It should be reviewed every five years and after any significant life event. The GOV.UK guidance specifically recommends updating your will after:

Getting married or entering a civil partnership (which revokes the existing will)
Getting divorced or separating (a divorce revokes gifts to an ex-spouse but does not revoke the will itself)
Having children or grandchildren
A beneficiary or executor dying
Significant changes to your assets — buying or selling property, receiving an inheritance
Moving abroad or acquiring foreign assets
Changes to tax law that affect your estate planning

To change a will, you can either make a new will (which revokes the old one) or add a codicil — a formal amendment that must be signed and witnessed in the same way as the original will. For significant changes, making a new will is generally cleaner and safer.

Where to Store Your Will

Once your will is signed and witnessed, it must be kept safe and accessible to your executor. Common options include: storing it at home in a fireproof safe; leaving it with your solicitor (who will usually store it free of charge if they drafted it); registering it with the National Will Register (Certainty) for a small fee; or depositing it with the Probate Service for a £20 fee. Whatever you choose, make sure your executor knows where to find it. A will that cannot be located is treated as if it does not exist. Record the location — and the name and contact details of your solicitor if applicable — somewhere your executor can access it.

The Connection Between Your Will and Your Estate Records

A will tells your executor who gets what. But it does not tell them where everything is. Your executor will need to locate every bank account, pension, investment, property, digital account, and insurance policy — often while grieving, under time pressure, and with no prior knowledge of your financial life. Research suggests executors spend an average of 570 hours administering an estate in the UK. Much of that time is spent simply finding things. The most effective complement to a well-drafted will is a complete, organised record of your estate — every account, asset, document location, and final wish — stored somewhere your executor can access it when the time comes.

A will only takes effect after death. An LPA protects you while you are still alive — if you lose mental or physical capacity. This guide explains both types of LPA, how to set one up, and why 78% of UK adults still don't have one.

A well-drafted will makes probate significantly smoother. This guide explains the full probate process, the current timeline, and how organised estate records reduce delays.

Related reading

What Are the Intestacy Rules in the UK?

Without a valid will, the intestacy rules decide who inherits your estate — and the results can be very different from what you would have wanted.

Couples often choose mirror wills as a simple, affordable option. This guide explains how they work, the non-binding risk, and when a different type of will may be more appropriate.

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How to Write a Will in the UK