How to Write a Will in the UK: A Complete Guide for Families (2026)

To write a will in the UK, you must be 18 or over, of sound mind, and produce a written document signed by you in the presence of two independent witnesses, who both sign in your presence. Your will should name an executor, detail who inherits specific assets, and include a residuary clause covering everything not specifically gifted. Once correctly executed, a will is legally valid in England and Wales without registration or stamp duty.

Do You Need a Solicitor to Write a Will in the UK?

No — a will is legally valid in England and Wales without solicitor involvement, provided it meets the formal requirements. Millions of UK adults have wills drafted without professional help, and they stand up perfectly well.

That said, complexity changes the picture. If your estate includes trusts, business interests, multiple properties, or you want to protect assets for minor children, the risk of errors rises sharply — and an error in a will can cost your family far more than professional preparation would have.

That's exactly what Heirs & Order™ was built for. Not to replace solicitors, but to give families professionally prepared documents — so you arrive at any review conversation with something solid already in hand.

Legal Requirements for a Valid Will in England and Wales

For a will to be legally valid, it must:

• Be in writing — handwritten or typed, both are valid
• Be made by someone aged 18 or over, of sound mind and memory (known as "testamentary capacity")
• Be signed by the testator in the presence of two independent witnesses — simultaneously
• Be signed by both witnesses, in the testator's presence, at that same time
• Not have witnesses who are beneficiaries (or spouses of beneficiaries) — gifts to them become void, though the will itself remains valid

No stamp duty applies. No formal registration is required. But probate — the legal process of administering your estate — requires the original signed will, not a copy. One signed original. Keep it safe.

What Should a Will Include?

A well-drafted will should cover:

• Your full legal name, address, and date of birth — leaving no ambiguity about who made it
• Executor appointment — the executor is the person who administers your estate; appoint a backup executor too
• Specific gifts — named assets to named people: property, investments, jewellery, vehicles, sentimental items
• The residuary estate — who inherits everything not specifically gifted; without this clause, intestacy rules apply to the remainder
• Guardianship of minor children — arguably the most important decision a parent can make in a will; without it, the court decides
• Funeral wishes — not legally binding but valuable guidance for your family
• Trusts for minor beneficiaries — if a child stands to inherit a significant sum, a trust within the will prevents them receiving it outright at 18

Common Mistakes That Invalidate or Weaken a Will

Witnesses who are beneficiaries. Any gift to a witness — or their spouse or civil partner — is automatically void. The will stands but that beneficiary loses their inheritance. Always name independent witnesses.

Not updating after marriage. In England and Wales, marriage automatically revokes any existing will. If you marry without making a new will, you die intestate — as though the old will never existed. This catches more families out than almost anything else.

Missing digital assets. Online bank accounts, crypto holdings, email archives, investment platforms, and business accounts don't exist in a will last updated a decade ago. List them explicitly, and include instructions.

No residuary clause. Any asset not specifically named in your will falls outside it. Without a residuary clause, the intestacy rules govern whatever is left — and that may not be what you intended.

No contingency for a beneficiary who dies before you. If a beneficiary predeceases you and your will has no provision for this, their gift lapses. Build in alternatives.

Will vs Intestacy — What Happens If You Die Without a Will

Dying without a valid will means the intestacy rules govern everything. The distribution is rigid:

• Your spouse or civil partner receives the first £322,000, all personal possessions, and half of whatever remains above that
• Your children share the other half equally
• If you have no children, your spouse or civil partner inherits everything
• Unmarried partners receive nothing — regardless of how long you've been together, whether you live together, or whether you have children together. The law does not recognise cohabiting partners under intestacy
• Your wishes are irrelevant. The law decides.

For families with unmarried partners, blended families, or specific intentions about who gets what, dying intestate is a serious problem. A will is the only way to control the outcome.

How to Store and Register Your Will

Once signed and witnessed:

• Keep the original in a fireproof safe at home, or lodge it with your solicitor
• Tell your executor where it is — a will that can't be located at probate is worthless
• Consider registering with the National Will Register (run by Certainty) — optional, not a legal requirement, but a one-off fee of around £30 means your will can be traced even if the paper copy is lost or misplaced
• The Probate Registry requires the original signed document — not a copy, not a photograph. Protect it accordingly

When to Update Your Will

A will is not a set-and-forget document. Review it:

• After marriage or divorce — marriage revokes a previous will; divorce does not automatically remove a former spouse as beneficiary or executor
• After having children or grandchildren
• After buying or selling property
• After any significant change in your financial situation
• As a general rule, every 3–5 years

The Full Sovereignty Stack from Heirs & Order™ includes a Will Framework alongside a Family Discretionary Trust Deed, LPA Guidance Notes, Shareholders Agreement, and more — complete legal and financial protection from £397.

See also: lasting power of attorney UK — a will and an LPA together provide complete protection — and family discretionary trust UK to understand how a trust works alongside your will. For context on the tax implications, our guide to inheritance tax UK explains how a well-drafted will fits into your broader IHT planning.

Heirs & Order™ provides document preparation services for informational purposes only. Heirs & Order™ is not a law firm. This is not legal advice. We recommend all documents are reviewed by a qualified solicitor before use.