Writing a will is one of the most important things you can do to protect the people you care about. This guide explains the different ways to write a will, how to choose the right option for your circumstances and what to watch out for.
What is a will?
A will is a legal document that says who should get your money, property and belongings after you die, known as your estate.
Why having a will is important
Having a will can:
let the people you care about sort things out more quickly and easily, with less stress when you're gone
let you decide who should care for any dependants, including children under 18
help avoid family disagreements
make it easier to plan for Inheritance Tax.
If you own a home with someone and you’re not married or in a civil partnership, they might not automatically inherit your share if you do not have a will.
Before you write a will, think about how much you can leave and who gets what. Our guide Making a will and planning what to leave will help you get started
What happens if you die without a will?
If you die without a will, your estate will be divided up based on standard rules. This is called intestacy law and might not be what you want. For example:
Your estate will go first to your married or civil partner. If you have children, it might also be split between them
If you do not have a spouse, civil partner or children, your estate will pass to other close relatives in a set order – unmarried partners, carers or close friends will not receive anything.
If you have no living relatives, your estate will go to the Crown as ownerless property.
To find out the specific rules for where you live, use the GOV.UK calculator to work out what would happen if you died without a willOpens in a new window
What to prepare before writing a will
To write your will, you’ll need the following information:
Your full name and address.
A statement of your capacity – if your ability to understand information and make decisions might be questioned. A legal professional can tell you if this is needed.
- What you want to happen to your estate, including:
- who gets what (called beneficiaries) and what happens if one dies before you do
- how much beneficiaries should receive
- if you want to leave specific items to certain people, like a ring to your niece
- if you want to leave any specific gifts (called legacies) or charitable donations
- what to do with anything that’s left – you can read more about residuary clausesOpens in a new window on The Gazette.
Who you’d like to care for any dependants you’re responsible for, including choosing a guardian for children under 18 and a trustee to look after their assets.
Who you’d like to be your executors (the people who will carry out the instructions in your will).
A letter of wishesOpens in a new window giving more information to your executors about your preferences.
It is important to choose your executors carefully. Our guide Choosing the executor of your will can help
Poorly written wills might not be legally valid
In the UK, anyone can write a will. You can write it yourself or use a will-writing service. But not all will writers have formal qualifications or belong to professional bodies.
A will that's poorly written or incorrectly witnessed might not be legally valid. This means your money and possessions could go to the wrong people, or be divided up according to intestacy rules rather than your wishes.
How to make sure your will is valid
A will can be legally valid whether it's written by you, a solicitor or a professional will writer. What matters is that it's done correctly.
To be valid, your will must be:
in writing
dated
signed by you and two witnesses at the same time.
Your witnesses must be independent. They cannot be beneficiaries named in your will, or the spouse or civil partner of a beneficiary.
If you use a professional to write your will, check they're qualified. Look for a solicitor or a member of a recognised professional body.
If your situation is complex, consider getting your will checked by a solicitor
Store your will safely and make sure your executor knows where to find it
How to write a will
There are three main options for writing a will:
Write your own will using a DIY template (cheapest but comes with risks).
Use a will-writing service (mid-price option with varying levels of regulation).
Use a solicitor (most comprehensive but most expensive).
The best option depends on how complex your situation is and how much you want to spend.
Option 1: Use a DIY template
You fill in a will-writing form (paper or online) that creates a will for you.
Pros
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Usually the cheapest way (sometimes even free).
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You can do it at your own pace.
Cons
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If your assets or wishes are complicated, you'll likely need a different option.
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If you use wrong wording or do not get it witnessed and signed correctly, your will could be invalid.
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You do not get personalised legal advice.
When it’s suitable: If you have a simple estate and are comfortable following instructions. For example, a home and savings with a few beneficiaries to leave it to.
How much it might cost: up to £30.
Find out more in our guide DIY wills – what you need to know
Option 2: Use a will-writing service (non-solicitor)
You’ll get help from a specialist will-writing company to complete your will. This can usually be done online, by phone or face-to-face.
Pros
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Usually cheaper than a solicitor.
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Online services let you work at your own pace.
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Face-to-face will writers usually visit you at home when it’s convenient for you.
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A wide choice of companies offer this service.
Cons
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Using a solicitor gives you more protection if something goes wrong.
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Many will writers are trained in wills and estate planning – as long as they’re a member of a recognised trade body – but are not fully legally trained.
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They might not be able to store your will securely like a solicitor can.
When it’s suitable: If your wishes are not simple but you do not want to pay full solicitor costs.
How much it might cost: Often around £50-£350 for a basic will. Check if you can get a free or reduced cost will from your trade union or employer, as some offer will-writing as a workplace benefit.
If you use this service, try to pick one that’s regulated. Find out more in our guide What is a will-writing service?
Option 3: Use a solicitor to write your will
Your will is prepared by a qualified solicitor. You’ll get legal advice and the document is tailored to your situation.
Pros
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Highest level of protection as solicitors are regulated and insured.
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Best for complex cases.
Cons
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Usually the most expensive option.
How much it might cost: Costs vary a lot depending on how complicated your case is, your location and the firm you choose. Expect to pay at least £200 and much more for complex cases.
When it’s suitable: If your estate is complex, or you want peace of mind. For example, it’s worth considering using a solicitor if:
you have children from a previous relationship
you're divorced, separated or cohabiting
you run a business
you have a blended family
you want to set up trusts
you own property abroad
your assets are worth more than the Inheritance Tax threshold
any of your beneficiaries are vulnerable or receiving means-tested benefits
you share property with someone who isn't your spouse or civil partner.
It's important to use a solicitor that’s regulated. Find out more in our guide Using a solicitor to write your will
Some companies offer ‘free’ will-writing but charge ongoing storage fees that can increase over time. Others might make it difficult to retrieve your will without paying extra costs.
What to check
Ask about all costs upfront, including any storage fees.
Find out what happens if you want to retrieve your will later.
Read the terms and conditions carefully before signing up.
Consider whether you need to pay for storage at all – you can keep your will at home or use the Probate Service.
Find out more in our guide Where to store your will and how to tell your executor
Protect yourself from common will scams
While writing a will is mostly straightforward, there are unfortunately scams particularly related to wills.