How to Write a Will in the UK: What You Need, Costs and DIY vs Solicitor (2026)
Updated March 2026 | 12 min read
Around 54% of UK adults do not have a will. That means more than half the population has no legal document saying who gets what when they die. If you die without a will (known as dying "intestate"), the law decides how your estate is divided, and it may not match your wishes at all. Writing a will is one of the most important things you can do for the people you care about. This guide explains exactly how to do it, what it costs, and whether you should do it yourself or use a solicitor.
Why You Need a Will
Without a will, the intestacy rules in England and Wales determine who inherits your estate. These rules follow a strict hierarchy: your spouse or civil partner may receive everything if the estate is under a certain threshold, but if you have children and your estate is larger, it gets divided according to a formula you have no say in. If you are unmarried and living with a partner, they may receive nothing at all, regardless of how long you have been together.
Scotland and Northern Ireland have their own intestacy rules, which differ in important ways. In Scotland, children have "legal rights" to a portion of the estate even if a will says otherwise, and a surviving spouse has prior rights to the family home up to a set value.
A will lets you choose who gets your property, savings, possessions, and investments. It also lets you name guardians for your children, specify funeral wishes, and appoint executors to manage your estate. Without one, a court-appointed administrator handles everything, which takes longer and costs more.
Key reasons to write a will
- Choose who inherits your money, property, and personal possessions
- Appoint guardians for children under 18
- Reduce the inheritance tax your beneficiaries pay
- Exclude people you do not want to inherit
- Leave gifts to charities
- Make things easier and faster for your family
- Specify your funeral preferences (burial, cremation, donation)
Legal Requirements for a Valid Will in England and Wales
Under the Wills Act 1837 (as amended), a will in England and Wales must meet these requirements to be legally valid:
| Requirement | Details |
|---|---|
| Age | You must be 18 or over (exceptions for military personnel) |
| Mental capacity | You must understand what you are doing and the extent of your estate |
| Written | The will must be written down (typed or handwritten) |
| Signed | You must sign it (or have someone sign on your behalf in your presence) |
| Witnessed | Two witnesses must watch you sign and then sign the will themselves |
| Voluntary | You must not be under pressure or coerced |
A critical rule: your witnesses cannot be beneficiaries of the will, nor can their spouses or civil partners. If a witness is also a beneficiary, their gift under the will is void, though the rest of the will remains valid. This is one of the most common mistakes in DIY wills.
Source: GOV.UK: Making a will
What to Include in Your Will
A well-drafted will should cover the following areas. Even if your situation seems simple, getting these right prevents disputes and delays later.
Your personal details
Full legal name, address, and a statement that this is your last will, revoking all previous wills and codicils.
Executors
Name one or two people (or a solicitor/professional executor) to manage your estate. They apply for probate, pay debts and taxes, and distribute assets. Choose someone you trust who is organised and willing. You can name a backup executor in case your first choice cannot act.
Guardians for children
If you have children under 18, name who should look after them. Without this, a court decides. Discuss it with your chosen guardian before including them in the will.
Specific gifts (legacies)
Individual items or sums of money left to named people or charities. For example: "I leave my wedding ring to my daughter Sarah" or "I leave £5,000 to Cancer Research UK."
Residuary estate
Everything left after debts, taxes, and specific gifts have been dealt with. This is usually the largest part of the estate. You specify who gets it and in what proportions (for example, "I leave the residue equally between my two children").
Funeral wishes
While not legally binding, you can state whether you want to be buried, cremated, or have your body donated to medical science. It helps your family make decisions during a difficult time.
DIY Will vs Solicitor: Costs and Comparison
You have several options for writing a will, ranging from completely free to several hundred pounds. The right choice depends on how complex your circumstances are.
| Option | Typical Cost | Best For |
|---|---|---|
| DIY will kit (stationery) | £10 - £30 | Very simple estates, no property, no children |
| Online will service | £30 - £150 | Straightforward estates, guided process |
| Solicitor (simple will) | £150 - £300 | Standard estates, property ownership, children |
| Solicitor (complex will) | £300 - £1,000+ | Business owners, trusts, blended families, overseas assets |
| Will Aid (charity scheme) | Suggested £100 donation | Basic wills during November campaign |
| Free Wills Month | Free (for over-55s) | Simple wills during March/October campaigns |
When a DIY will is fine
A DIY will can work if your situation is genuinely straightforward: you want to leave everything to your spouse and then your children, you do not own property abroad, you do not have a business, and there are no complex family dynamics. Online will services like Farewill, Beyond, and Co-op Legal Services offer guided questionnaires that help you avoid common mistakes.
When you should use a solicitor
Use a solicitor if any of these apply: you own property (especially jointly), you have a blended family with stepchildren, you want to set up trusts, you own a business or shares, you have assets abroad, you want to minimise inheritance tax, or someone might challenge the will. A poorly drafted will can cost your family far more in legal fees than a solicitor would have charged.
To find a solicitor, use the Law Society's Find a Solicitor tool at solicitors.lawsociety.org.uk. You can search specifically for solicitors who specialise in wills and probate.
Common Mistakes to Avoid
Witness is also a beneficiary
If a witness (or their spouse/civil partner) is named as a beneficiary, their gift is invalid. Always use independent witnesses who receive nothing under the will.
Not updating after major life events
Marriage automatically revokes your will in England and Wales (unless the will was made "in contemplation of marriage"). Divorce does not revoke the will, but your ex-spouse is treated as if they died before you for inheritance purposes. Review your will after any major life change: marriage, divorce, birth of a child, buying property, or a significant change in your finances.
Vague or ambiguous language
Phrases like "I leave my jewellery to my family" can cause disputes. Be specific: name people in full, describe items clearly, and state exact percentages for the residuary estate.
Not accounting for jointly owned property
If you own property as "joint tenants," it automatically passes to the surviving owner regardless of what your will says. Only property held as "tenants in common" can be left to someone in a will. Check with the Land Registry if you are unsure.
Forgetting about digital assets
Cryptocurrency, online accounts with monetary value, and digital content libraries are all part of your estate. Include them in your will or leave instructions for accessing them. See our digital legacy planning guide for more on this.
Where to Store Your Will
A will is no use if nobody can find it. You have several secure storage options:
| Storage Option | Cost | Notes |
|---|---|---|
| Probate Service (HMCTS) | £11 | Government storage, very secure, retrievable by executors |
| With your solicitor | Free - £50/year | Convenient, but check if the firm closes |
| Bank safety deposit box | £50 - £300/year | Secure, but can cause delays accessing after death |
| At home (fireproof safe) | One-off safe cost | Tell your executor where it is |
You can deposit your will with the Probate Service for just £11 using GOV.UK. This is the safest and cheapest option. Tell your executor that the will is stored there and give them details of how to request it.
Step-by-Step: Making Your Will
List your assets
Property, savings, investments, pensions (note: most pensions are not covered by your will but by a separate nomination form), personal possessions, vehicles, digital assets.
List your debts
Mortgage, loans, credit cards. These are paid from the estate before anything is distributed.
Decide who gets what
Think about specific gifts and how you want the residuary estate divided. Consider what happens if a beneficiary dies before you.
Choose your executors
One or two trusted people. They need to be over 18 and willing. A solicitor can also act as executor (they charge a fee, typically 1-4% of the estate).
Name guardians for children
If applicable. Discuss it with the guardian first. You can name more than one.
Write or commission the will
DIY, online service, or solicitor. Get it drafted.
Sign and witness
Sign in the presence of two independent witnesses who are not beneficiaries. They sign too. Everyone must be present at the same time.
Store it safely
Probate Service (£11), solicitor, or fireproof safe at home. Tell your executor where it is.
Review regularly
Check your will every 3-5 years or after any major life change (marriage, divorce, birth, death, house purchase).
Special Circumstances
Unmarried couples
Cohabiting partners have no automatic inheritance rights in England and Wales, no matter how long you have lived together. If your partner dies without a will, you could inherit nothing. A will is essential for unmarried couples.
Scotland
Scottish law is different. Children and spouses have "legal rights" to a share of the estate that cannot be overridden by a will. You can make a will from age 12 in Scotland. Witnesses can be beneficiaries (unlike England and Wales). Consider using a Scottish solicitor if you live in Scotland.
Inheritance tax planning
If your estate is worth more than the nil-rate band (currently £325,000, or up to £500,000 with the residence nil-rate band), inheritance tax at 40% applies to the excess. You can reduce this through lifetime gifts, trusts, charitable legacies (leaving 10% to charity reduces the IHT rate to 36%), and proper use of exemptions. See our inheritance tax guide for details.