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How to Make a Will in the UK: Complete Guide for 2026

Everything you need to know to create a legally valid will that protects your family

Sarah Mitchell, Senior Estate Planner 14 min readUpdated 12 January 2026
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Making a will is one of the most important things you can do for your family, yet nearly 60% of UK adults don't have one. Without a will, you have no say in who gets what – the law decides for you, and the results often aren't what people would have wanted.

In my 15 years helping families with estate planning, I've seen the difference a clear, properly drafted will makes. I've also seen the heartache when there isn't one. This guide covers everything you need to know to make a will that actually works.

Why You Need a Will

A will isn't just about money – it's about making things easier for the people you leave behind. Here's what a will lets you do:

  • Choose who inherits your estate – without a will, the law decides based on fixed rules that might not match your wishes
  • Appoint guardians for your children – if you have children under 18, this is crucial
  • Nominate executors – the people who'll sort out your estate after you die
  • Leave specific gifts – particular items to particular people
  • Make provision for pets – who'll care for them and with what funds
  • Include funeral wishes – though these aren't legally binding, they give guidance
  • Potentially reduce inheritance tax – with proper planning

Making a will also makes probate simpler and cheaper for your family. They'll know exactly what you wanted, and there's less chance of disputes.

What Happens If You Die Without a Will

If you die without a valid will (called dying 'intestate'), the Rules of Intestacy determine who inherits. These rules are rigid and often produce surprising results:

If you're married or in a civil partnership:

  • Your spouse gets everything up to £322,000 (as of 2026), plus personal possessions
  • If your estate is worth more, your spouse gets half of the remainder, and your children share the other half
  • If you have no children, your spouse gets everything

If you're not married:

  • Your partner gets nothing – regardless of how long you've been together
  • Everything goes to your children, or if you have no children, to your parents, siblings, or other relatives
  • Unmarried partners have no automatic rights, even if you've lived together for decades

I've seen cases where the family home had to be sold because an unmarried partner had no legal right to it. I've seen stepchildren inherit nothing while distant relatives got everything. A will prevents these situations.

What to Include in Your Will

A comprehensive will should cover:

1. Your personal details

Full name, address, and date of birth. Include any previous names you've been known by.

2. Revocation clause

A statement that this will revokes all previous wills. This prevents confusion if you've made earlier wills.

3. Appointment of executors

Name at least one executor, ideally two. They'll manage your estate after you die – collecting assets, paying debts, and distributing inheritances.

4. Appointment of guardians (if you have children under 18)

Who should look after your children if you and any other parent both die? This is often the most important part of a will for young parents.

5. Specific gifts (legacies)

Items or amounts of money you want to leave to particular people. Examples:

  • "I give my wedding ring to my daughter Sarah"
  • "I give £5,000 to my nephew James"
  • "I give my car to my friend Robert"

6. Residuary estate

Who gets everything else after specific gifts and debts are paid? This is typically the bulk of your estate.

7. Substitution clauses

What happens if one of your beneficiaries dies before you? For example: "If Sarah dies before me, her share passes to her children equally."

8. Attestation clause and signatures

You sign in front of two witnesses, who then sign to confirm they watched you sign.

Choosing Your Executors

Your executors have a big job. They'll need to:

  • Locate your will and register the death
  • Value your estate and apply for probate
  • Pay any debts and taxes
  • Distribute assets to beneficiaries
  • Keep detailed records of everything

Good qualities in an executor include being organised, trustworthy, and able to handle paperwork. They should also be likely to outlive you – there's no point appointing someone significantly older than you.

Most people appoint family members or close friends. You can also appoint a solicitor or professional executor, though they'll charge fees from your estate.

I usually recommend appointing two executors. This provides a backup and means they can share the workload. Just make sure they get along – they'll need to make decisions together.

For your will to be legally valid in England and Wales, it must meet these requirements:

1. It must be in writing

Typed or handwritten – either is fine, though typed is easier to read.

2. You must be 18 or over

With very rare exceptions for military personnel.

3. You must have testamentary capacity

You understand what a will is, what you own, and who might expect to benefit from your estate.

4. You must sign it voluntarily

Without pressure from anyone else.

5. You must sign it in the presence of two witnesses

Both witnesses must be present at the same time when you sign.

6. Both witnesses must sign the will

They sign to confirm they watched you sign.

Important: Your witnesses cannot be beneficiaries

If someone who inherits under your will (or their spouse) acts as a witness, they lose their inheritance. This is a common mistake that causes real problems.

Your Options for Making a Will

DIY will kits

These templates cost £10-30 and can work for very simple situations. However, they're responsible for a huge number of invalid or disputed wills. I only recommend them if you have a straightforward situation: no children, no property abroad, no business interests, no blended family.

Online will services

Services like Farewill or Beyond cost £90-150 and guide you through the process with help available. Better than DIY kits, but still limited for complex situations.

Will-writing services

Non-solicitor will writers typically charge £150-300. Quality varies significantly – look for membership of the Society of Will Writers or the Institute of Professional Willwriters.

Solicitors

The gold standard for peace of mind. Costs £200-500 for a straightforward will, more for complex estates. Solicitors are regulated and insured, so if something goes wrong, you have recourse.

Free wills schemes

Some charities offer free wills (made by solicitors) in exchange for you considering a legacy gift to the charity. Check Free Wills Month or Will Aid.

How Much Does a Will Cost?

Typical costs in 2026:

  • DIY kit: £10-30
  • Online service: £90-150
  • Will writer: £150-300
  • Solicitor (straightforward will): £200-500
  • Solicitor (complex will): £500-1,500+
  • Mirror wills for couples: Usually a discount – two for the price of 1.5

Don't choose based on price alone. A badly drafted will can cost your family far more in legal fees, family disputes, or inheritance tax than you'd save. Think of professional will-making as an investment in your family's future peace of mind.

Common Mistakes to Avoid

These are the errors I see most often:

Using a beneficiary as a witness

If someone who inherits under your will witnesses it, they lose their inheritance. Make sure your witnesses have no financial interest in your will.

Not updating after major life changes

Marriage usually revokes your will entirely. Divorce doesn't revoke your will but treats your ex as if they died before you. New children, new assets, moving house – all reasons to review your will.

Being too vague

"I leave my jewellery to my daughters" – but which jewellery? Which daughters (biological, step, adopted)? In what shares? Be specific to prevent disputes.

Not considering inheritance tax

Estates over £325,000 (or £500,000 if including a residence passing to direct descendants) may face 40% inheritance tax on the excess. With planning, you can often reduce this significantly.

Forgetting about digital assets

Include instructions for your online accounts, subscriptions, and any digital assets like cryptocurrency.

Storing it somewhere no one knows

Your will is useless if no one can find it. Keep the original somewhere safe (many solicitors offer storage) and tell your executors where it is.

When to Update Your Will

Review your will:

  • Every 3-5 years as a matter of routine
  • When you get married (marriage usually revokes existing wills)
  • When you divorce
  • When you have children or grandchildren
  • When a beneficiary or executor dies
  • When you acquire significant new assets
  • When you move to a different country
  • When there's a major change in inheritance tax rules

Minor changes can sometimes be made with a codicil (an addition to your will), but for significant changes, it's usually better to make a new will altogether. A new will costs less than you might think, and it's clearer than a will with multiple codicils attached.

Frequently asked questions

Can I write my own will?
Yes, you can write your own will without a solicitor, and it can be legally valid. However, mistakes in DIY wills are common and can cause major problems for your family. Professional help is particularly important if you have children, property, business interests, or a blended family.
Do I need a solicitor to witness my will?
No, your witnesses don't need to be solicitors or any kind of professional. They just need to be adults who aren't beneficiaries of your will (or married to beneficiaries). They watch you sign and then sign the will themselves.
How long is a will valid for?
A will remains valid until you make a new one, revoke it, or get married (which automatically revokes most wills). There's no expiry date, but you should review your will every few years and update it when your circumstances change.
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Sarah Mitchell

Senior Estate Planner

Sarah has over 15 years of experience helping families protect their assets and plan for the future. She specialises in will writing and trust planning for families with complex needs.

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