Making a will¶

A will does four things at once: it names who inherits, appoints one or more executors to administer the estate, names guardians for any children under 18, and overrides the intestacy rules that would otherwise decide how the estate is divided. Without a valid will, the intestacy rules apply in full — and they are formulaic, blind to your relationships, and treat unmarried partners and stepchildren as strangers. [source: gov-uk/make-will-2026-05-02.html]

This guide covers the legal requirements (which differ across the UK), the realistic options for getting a will drafted, what to put in it, and where to keep it once it is signed.

If you can only do one thing today: write down — on a single sheet of paper — who you want to inherit your home, who you want to be your executor, and (if you have children under 18) who you want to be their guardian. That sheet is not a will, but it is the spine of one, and it makes any later conversation with a solicitor or online service much faster.

What the law requires: England and Wales¶

A valid will in England and Wales must be in writing, signed by the testator at the end, and witnessed by two adults who are present at the same time as the signing and who then each sign in the testator's presence. These rules come from the Wills Act 1837 and have been substantially unchanged for over 180 years. [source: legislation-gov-uk/wills-act-1837-2026-05-02.html]

Two restrictions matter:

Witnesses cannot benefit. A witness — or the spouse or civil partner of a witness — cannot inherit under the will. If they do, the gift is void; the rest of the will stands. This is the single most common cause of a partly-failed DIY will: a relative witnesses the document and silently loses their inheritance.
The signing must be contemporaneous. Both witnesses must see the testator sign (or see the testator acknowledge a signature already made). They cannot sign at different times in different rooms.

The COVID-era allowance for video witnessing applied only to wills made on or before 31 January 2024 and has now expired. All wills in England and Wales must currently be witnessed in person. [source: gov-uk/make-will-2026-05-02.html]

Marriage automatically revokes a will in England and Wales unless the will was expressly made in contemplation of that specific marriage. Divorce does not revoke the will but treats the former spouse as having predeceased the testator: any gift to them fails, and they cannot act as executor. [source: gov-uk/make-will-2026-05-02.html]

What the law requires: Scotland¶

Scotland's rules are different in two important ways.

Witnesses. A Scottish will is valid with the testator's signature alone, but adding one witness aged 16 or over makes it "self-proving" — meaning the signature is presumed authentic unless someone proves otherwise, which is a much harder evidential burden than the alternative. In practice a witnessed will is the standard. Unlike in England and Wales, a beneficiary may witness a Scottish will without forfeiting their inheritance, but an independent witness is still safer.

Legal rights. Scottish succession law gives the surviving spouse, civil partner, and children a fixed claim on the deceased's moveable estate (money, savings, investments, personal belongings — everything except land and buildings) that the will cannot defeat. The shares are:

Spouse and children: spouse takes one-third of the moveable estate, children share one-third equally between them, the will controls the remaining third.
Spouse only (no children): spouse takes one-half of the moveable estate.
Children only (no spouse): children share one-half of the moveable estate equally.

Heritable property (land and buildings) is not subject to legal rights and passes entirely as the will directs.

Marriage does not revoke a Scottish will, but the new spouse may claim legal rights as set out above. Divorce treats the former spouse as having predeceased, the same as in the rest of the UK.

If the testator has any Scottish connection — property, residence, or family — the will should be drafted by a Scottish solicitor. English solicitors are not trained in Scottish succession law and the differences are too consequential to navigate from a template.

What the law requires: Northern Ireland¶

Northern Ireland's rules closely follow England and Wales. A valid will must be in writing, signed by the testator, and witnessed by two adults present at the signing; witnesses and their spouses cannot benefit; marriage revokes the will unless made in contemplation of it; divorce treats the former spouse as having predeceased. The governing statute is the Wills and Administration Proceedings (Northern Ireland) Order 1994.

The five realistic options¶

There is no single right answer. The honest comparison runs from cheapest-and-riskiest to most-expensive-and-safest:

1. DIY will kit (£10–£30). A printed template from a high-street stationer, filled in and signed with two witnesses. Defensible only for very simple estates: no children, one home, a few accounts, a single beneficiary. The risks — a witness who is also a beneficiary, ambiguous wording, an unrevoked earlier will — are real and most often discovered after the testator has died, when nothing can be fixed. [source: gov-uk/make-will-2026-05-02.html]

2. Online will service (£90–£300). Providers such as Farewill, Co-op Legal Services, and Which? Wills offer a guided questionnaire, a reviewed draft, and witnessing support (by post or video, depending on the provider's current process). Suitable for simple-to-moderate situations; less confident with blended families, business interests, trusts, or property abroad. Many providers charge a small annual fee for unlimited updates after the first year. Checked against the will formality rules above before being signed.

3. Will-writing company in person (£150–£400). Independent practitioners, often working from a local office. Will writers are not regulated by the Solicitors Regulation Authority — anyone can call themselves a will writer — but members of the Institute of Professional Willwriters or the Society of Will Writers must hold professional indemnity insurance and follow a code of practice. Quality and accountability are both more variable than with a solicitor; check membership and insurance before instructing. will

4. Solicitor (£150–£600+). A regulated professional, with full indemnity cover and clear recourse if something goes wrong. A simple single will from a high-street firm typically falls in the £150–£300 range; mirror wills for a couple £245–£400; a complex will with trusts, business assets, or cross-jurisdiction issues £500–£1,500 and up. The cost reflects what a solicitor catches that a template cannot — inheritance tax exposure, the risk of an Inheritance Act claim, the interaction with LPAs and pension nominations, and the practical needs of the named executors. will

5. Free or charity-funded schemes. Three routes:

Free Wills Month runs every March and October. Participating solicitors waive fees for people aged 55 and over who need a simple will, in exchange for the chance to suggest a charitable bequest (no obligation to leave one).
Will Aid runs every November. Participating solicitors waive fees in exchange for a suggested donation to nine partner charities — typically £120 for a single will, £200 for mirror wills.
Charity will services run year-round. Cancer Research UK, the British Heart Foundation, hospices, and others partner with solicitors to offer free wills to supporters who agree to consider a charitable gift. Most do not require one.

These schemes only cover simple wills. Complex estates are referred out. will

What to put in it¶

The clauses every will needs:

Revocation of all earlier wills and codicils. Even if there are none, the clause prevents future confusion if an old draft is ever found.
Appointment of executors. Name a first choice and at least one substitute. Tell the people you name; do not surprise them. The role is real work — bank correspondence, probate fees, property sale, tax filings — typically spread over six to twelve months. Most people choose a spouse or adult child; some appoint a solicitor as a co-executor for technical support.
Specific gifts. Named items or sums to named beneficiaries: "my wedding ring to my daughter Ann"; "£5,000 to my brother Tom." Be specific enough that an executor can act without guessing. Where an item may not exist at the date of death (a particular car, a particular painting), say what should happen if it has been sold or given away.
Residue. Everything left after the specific gifts and after debts, taxes, and expenses are paid. Most wills give the residue to the spouse outright, then equally between children if the spouse has predeceased. Residue clauses are where the bulk of an estate actually moves; they reward careful drafting.
Substitutional gifts. What happens if a named beneficiary dies before the testator? Without a substitution clause, the gift either lapses (returns to residue) or, for gifts to the testator's own children and remoter descendants, passes by default to that beneficiary's own children under section 33 of the Wills Act 1837. Spell it out rather than relying on the default.
Guardians for under-18 children. This is the single most important clause for parents of young children. The will is the only legal mechanism for naming a guardian. Name a first choice and a substitute, and have the conversation with both before signing.
Funeral wishes. Burial or cremation, religious preferences, who should be told. Funeral wishes in a will are not legally binding on the executor, but they carry weight and are usually followed.

Pension death benefits and life-insurance policies written in trust pass outside the will. Update the nominations directly with the pension scheme or insurer; the will cannot override them.

Choosing executors¶

A spouse or adult child is the default choice and works in most estates. The disadvantages are practical rather than legal: the role demands time and clear thinking when the executor is also grieving, and family executors sometimes find banks and registries frustrating. A professional executor (usually a solicitor; occasionally a bank or trust company) handles everything end-to-end, but charges 1–5% of the gross estate. For a small estate this is disproportionate; for a large or contentious one it can be the cleanest option. A common middle path is to appoint a family member with an explicit authority to instruct a solicitor at the estate's expense for the technical parts.

Always name a substitute. Executors die, refuse to act, or move overseas; without a backup the court has to appoint an administrator, which delays everything.

Where to keep the will¶

A will is only useful if the executor can find it. The realistic options:

With the solicitor who drafted it. Standard practice; most solicitors store the original at no charge or for a small annual fee. Tell the named executors which firm holds it.
HM Courts and Tribunals Service Probate Service (England and Wales only): a one-off £23 fee deposits the original will with the Probate Service in Newcastle. The service issues a deposit certificate; the executor produces it after death to retrieve the will. Permanent, low-cost, immune to the failure of any private firm. [source: gov-uk/store-will-with-probate-service-2026-05-02.html]
Books of Council and Session (Scotland): a long-established register held by Registers of Scotland. Wills must meet specific formalities; the original is held permanently and an extract takes its place for any later use.
At home in a safe or sealed file. Acceptable if the executor knows where it is and how to access it. A note in another regularly-used document — a contacts file, a household-finance folder — is often more reliable than the safe itself.

Not in a bank safe deposit box. Banks routinely seal safe deposit boxes on death until probate is granted, and the executor needs the will to apply for probate. The catch-22 wastes weeks.

See Where to keep a will for a fuller comparison.

When to update or replace the will¶

Review the will after any of the following:

Marriage or civil partnership (revokes the will in England, Wales, and Northern Ireland; keeps it in Scotland but introduces legal rights for the new spouse).
Divorce or dissolution (does not revoke the will, but rewrites are cleaner than relying on the "treated as predeceased" rule).
Birth or adoption of a child (the will remains valid, but the guardian clause and any per-stirpes provisions usually need updating).
Death of an executor or major beneficiary.
Sale or purchase of a substantial asset — a property, a business, a significant pension transfer.
A move into or out of Scotland (different succession law).

For a small change a codicil is sufficient and inexpensive (typically £50–£150 with a solicitor). For anything substantial — and certainly for any change driven by the events listed above — write a new will that expressly revokes the old one. codicil

What this guide doesn't cover¶

The pre-death lasting power of attorney for finances and welfare — see Lasting power of attorney.
Advance decisions about medical treatment (different document, different legal regime) — see Advance decisions and living wills.
The mechanics of administering an estate after death — Do I need probate? and How to apply for probate cover that.
Inheritance tax planning. See Inheritance tax for thresholds, allowances, and the residence nil-rate band.
Trusts for vulnerable beneficiaries, minor children, or tax planning — beyond the scope of a single will guide; instruct a solicitor.
Will disputes and Inheritance Act claims (challenges to a will after death) — a specialist contentious-probate area.

If you're struggling, you don't have to do this alone. Samaritans (116 123, 24/7) | Cruse Bereavement Care (0808 808 1677) | Mind (0300 123 3393)

Next: Where to keep a will

Last verified: 2 May 2026 against gov.uk/make-will, gov.uk/store-will-with-probate-service, and the Wills Act 1837.