Is My Will Valid If It Wasn't Done by a Solicitor?

Yes, a will can be completely valid without any solicitor involvement. The law doesn't require professional help — it only requires certain formalities to be followed. But DIY wills do have a higher failure rate.

Many people worry their homemade will isn't "official" or legal. Others worry about wills made by elderly relatives. Here's what actually matters.

What Makes a Will Valid?

In England and Wales, a valid will must meet these requirements:

1. In Writing

• Can be typed or handwritten
• Can be on any paper (even a napkin, though not recommended)
• Video or audio recordings are NOT valid wills

2. Signed by the Testator

• The person making the will must sign it
• Or make a mark if they can't sign (witnessed as their mark)
• Or have someone else sign on their behalf in their presence and by their direction

3. Witnessed by Two People

• Two witnesses must be present when you sign
• They must both see you sign
• They must then sign the will themselves
• All three people must be present together for the whole signing process

4. Testator Must Have Capacity

• Understand they're making a will
• Know roughly what they own
• Understand who might expect to inherit
• Not be suffering from a disorder affecting these judgments

5. Testator Must Act Freely

• Not under pressure or undue influence
• Making their own genuine choices

That's it. No solicitor required. No specific wording required. No registration required.

Common DIY Will Mistakes

While DIY wills can be valid, they often contain mistakes that cause problems:

Witnessing Errors

• Beneficiary as witness: If someone who benefits from the will also witnesses it, they lose their inheritance
• Spouse of beneficiary: Same problem — the gift fails
• Not present together: All three must be in the room at the same time
• Witness can't be found: May cause probate delays

Unclear Language

• "My money" — which accounts?
• "My jewellery" — what about watches?
• "Everything else to my children" — stepchildren? adopted children?
• Ambiguity leads to disputes and legal costs

Missing Provisions

• No residuary clause (what happens to items not specifically mentioned)
• No executor named
• No backup if a beneficiary dies first
• No guardians for children

Outdated Provisions

• Named someone who has since died
• Property mentioned no longer owned
• Not updated after marriage, divorce, or birth of children

How to Check if an Existing Will Is Valid

Look For:

1. Signature of the testator — at the end of the will
2. Two witness signatures — with names and addresses ideally
3. Date — helpful but not strictly required
4. Clear intentions — who gets what

Red Flags:

• Only one witness signature
• No signatures at all
• Beneficiary appears to have witnessed it
• Significant crossings-out or alterations not properly witnessed
• Multiple versions with no indication which is current
• Unsigned additional pages

DIY vs Professional Wills

When DIY Is Particularly Risky

• Blended families: Children from different relationships
• Business ownership: Complex asset structures
• Property abroad: Different countries, different rules
• Potential disputes: Beneficiaries who might challenge
• Tax planning needed: Large estates, inheritance tax concerns
• Trusts required: For children, vulnerable beneficiaries
• Excluding family members: Higher challenge risk

What If Your DIY Will Has Problems?

If the Testator Is Still Alive

Make a new will properly. The new will revokes the old one. Consider professional help this time.

If the Testator Has Died

The will goes through probate as normal. If there are problems:

• Missing witnesses: May need to prove validity through other evidence
• Unclear provisions: Court may have to interpret meaning
• Failed gifts: Fall into residue or intestacy
• Invalid will: Intestacy rules apply instead

What About Will Templates and Kits?

Shop-bought will kits and online templates are technically valid if executed properly. But they carry risks:

• One-size-fits-all rarely fits all
• May not cover your specific situation
• Instructions may be unclear
• No one checks your completed document

They're better than nothing, but significantly less reliable than professional advice.

The Old Way vs Our Way