Writing a Will Without a Solicitor: Can You DIY Your Will?

You don't need a solicitor to make a legally valid will in the UK. Anyone can write their own will, and if done correctly, it's just as binding as one drafted by a professional.

But – and this is an important but – DIY wills go wrong more often than professionally drafted ones. The question isn't whether you can write your own will, but whether you should.

Can You Write Your Own Will?

Yes. There's no legal requirement for a will to be written by a solicitor or any other professional. A will written on a napkin can be legally valid if it meets the technical requirements.

However, many DIY wills fail for technical reasons or contain ambiguities that cause problems later. A significant proportion of contested wills were originally DIY documents.

The key question is whether your situation is simple enough for DIY to be sensible.

When DIY Works

DIY will-making can work well if:

• Your situation is very straightforward
• You're leaving everything to one person or splitting equally between a few
• You have no minor children
• Your estate is below inheritance tax thresholds
• You have no complex assets (business, property abroad, trusts)
• You have no family complications (no estranged relatives, no blended family)
• You're comfortable with forms and legal documents

Example of a suitable DIY situation:

A single person with no children, leaving everything to their parents. Simple assets (bank accounts, perhaps a property). No complex family dynamics. This is about as straightforward as it gets.

When You Need Professional Help

Professional help is strongly recommended if:

You have children under 18:

• Guardianship provisions need careful wording
• You may need trusts to manage children's inheritance
• Getting this wrong could harm your children

You have a blended family:

• Balancing spouse and children from different relationships
• Stepchildren don't inherit automatically
• Life interest trusts may be needed

Your estate may be liable for inheritance tax:

• Tax planning can save tens of thousands
• DIY wills rarely optimise for IHT

You own a business:

• Business succession needs careful planning
• Business Relief from IHT has specific requirements

You have foreign assets:

• Different countries have different rules
• You may need separate wills

You want to include trusts:

• Trust drafting is technical
• Getting it wrong can have serious tax consequences

Legal Requirements for Validity

For your DIY will to be valid in England and Wales:

1. It must be in writing – typed or handwritten, but written
2. You must sign it – at the end of the document
3. Your signature must be witnessed by two people – who are both present when you sign
4. Both witnesses must also sign – in your presence
5. Witnesses must be adults – 18 or over
6. Witnesses must not be beneficiaries – or spouses of beneficiaries

Critical warning: If a witness is a beneficiary (or the spouse of a beneficiary), that beneficiary loses their inheritance. This is one of the most common DIY will disasters.

Common DIY Will Mistakes

Wrong witnesses:

Using a beneficiary as a witness (they lose their gift), or not having both witnesses present when you sign.

Vague language:

"I leave my jewellery to my daughters" – which jewellery? Which daughters (biological, adopted, step)? In what shares?

No residuary clause:

A residuary clause covers everything not specifically mentioned. Without one, assets you forgot about may not go where you want.

No substitution clauses:

What if a beneficiary dies before you? Without a substitution clause, their gift may fail.

Forgetting about marriage:

Marriage automatically revokes existing wills. Many DIY will-makers don't realise this and don't make new wills after marrying.

Unclear executor appointment:

Not naming executors, or naming people who can't or won't serve.

Attempting complex arrangements:

Trying to include trusts or conditions without understanding the legal implications.

How to Write Your Own Will

If you've decided DIY is appropriate for your situation:

Step 1: List your assets

Everything you own – property, savings, investments, vehicles, valuables.

Step 2: Decide who gets what

Be specific. Full names, relationships, exact items or percentages.

Step 3: Choose your executors

At least one, ideally two. Check they're willing.

Step 4: Use a reputable template or service

Don't start from scratch. Use a proper will template or online service that guides you through the process.

Step 5: Include essential clauses

• Revocation clause (cancelling previous wills)
• Executor appointment
• Specific gifts
• Residuary clause
• Substitution provisions

Step 6: Sign properly

• Two adult witnesses present together when you sign
• Both witnesses sign in your presence
• Neither witness is a beneficiary or spouse of beneficiary

Will Kits vs Online Services

Paper will kits (£10-30):

Blank forms with instructions. Cheapest option but highest risk of error. No checking mechanism. Only suitable for the most straightforward situations.

Online will services (£90-180):

Guide you through questions, generate a tailored document. Built-in checks catch many common errors. Usually include support and storage. A significant step up from paper kits.

If you're going DIY, online services offer much better value than paper kits. The extra cost is minimal compared to the reduced risk of error.

Storing Your Will

Your will is useless if no one can find it after your death.

Good storage options:

• With your solicitor (if you have one)
• With your bank (some offer will storage)
• With the Probate Service (for a fee)
• In a fireproof safe at home

Tell your executors:

• That you have a will
• Where it's stored
• How to access it

Don't:

• Store only with a specific bank account (if it's frozen at death)
• Keep it somewhere that could be damaged (flood, fire)
• Keep it in a safety deposit box without telling anyone the code

A DIY will can work, but go in with your eyes open. For genuinely simple situations with straightforward wishes, it's a valid option. For anything complex, the cost of professional help is tiny compared to the cost of getting it wrong.