Making A Will- How To Write A Will

This is a making a will guide for England and Wales. For residents of Northern Ireland and Scotland please see our specific guides.

Making a will puts you in control of what happens to your money, property and possessions when you die. It can also name guardians for children, set out funeral wishes, and reduce disputes. This step-by-step guide explains what a valid will needs, how to write one, who to involve, how to sign it correctly, where to keep it, and when to update it.

At a glance: what a will does

States who gets what (your beneficiaries).
Names executors to handle your estate.
Can appoint guardians for children under 18.
Can include gifts to charities and friends.
Can plan for “what if” events (a beneficiary dies first).

Who should make a will?

Anyone aged 18+ who owns a home, has savings or a pension, lives with a partner, has children, runs a business, or wants to leave gifts to friends or charities should make a will. If you die without a will, the rules of intestacy decide who gets what. Unmarried partners and step-children may get nothing under intestacy.

Legal requirements for a valid will (England & Wales)

You are 18 or over and have mental capacity when you make the will.
You make it voluntarily, without pressure.
The will is in writing and signed by you.
Your signature is witnessed by two independent witnesses, who also sign in your presence.

Witnesses should be over 18 and must not benefit under the will (nor be married to, or civil partners of, anyone who benefits). If a beneficiary or their spouse witnesses the will, their gift usually fails.

The will-making process: step by step

List your estate. Include your home, savings, investments, pensions, life insurance, business interests and personal items. Note debts such as mortgages and loans.
Choose your beneficiaries. Decide who receives specific gifts (items or set sums) and who gets the remainder (the “residue”). Consider backup (“substitute”) beneficiaries.
Pick your executors. Name one to four trusted adults to deal with the estate, pay debts and tax, and distribute assets. Many people choose two. You can appoint a professional (such as a solicitor) either alone or alongside family.
Appoint guardians (if relevant). If you have children under 18, name guardians and consider money for their upkeep. You can also set up a trust to hold funds until they are older.
Decide on special wishes. Gifts to charities (use full name and charity number), digital legacy instructions, and funeral wishes. Funeral wishes are not legally binding but help your family.
Draft the will. You can:
- Write it yourself if your affairs are simple (be careful—mistakes can invalidate gifts).
- Use a reputable online will service.
- Use a solicitor or regulated will-writer for anything complex.
Sign and witness correctly. Sign the final version in ink with two independent witnesses present. They sign in your presence. Date the will.
Store and register. Keep the original safe and tell your executors where it is. You can store it at home, with a solicitor, with your bank, or deposit it with the Probate Service. See Store a will with the Probate Service. You may also register its location with the National Will Register.

What to include in your will

Clear identification

Start with your full name, address and statement that this is your last will and testament. If you have similar names in the family, add middle names or dates of birth to avoid confusion.

Executors

Name one to four executors. Choose people who are organised and trustworthy. Consider age, health, location and whether they are willing to act. You can also allow them to charge reasonable expenses or professional fees.

Gifts (legacies)

Pecuniary gifts: fixed sums of money (e.g., £5,000 to a niece).
Specific gifts: particular items (e.g., a ring or a car).
Charitable gifts: use the charity’s full name, registered number and address for clarity.

Residue

The residue is everything left after paying debts, funeral costs, expenses and the specific gifts. State how you want the residue divided (e.g., “in equal shares between my children”). Add “what if” wording—who receives a share if a beneficiary dies before you.

Guardians and provisions for children

Appoint guardians you trust. Consider a trust so children inherit at (for example) 21 or 25, with trustees allowed to use funds for maintenance, education and health while they are younger.

Trusts (overview)

Trusts can protect vulnerable or young beneficiaries, provide for a life partner, or ring-fence business or property interests. Common options include:

Bereaved minors trust: for children under 18.
18–25 trust: delays full access to inheritance.
Discretionary trust: trustees choose how and when to help beneficiaries.
Life interest (interest in possession) trust: lets someone use an asset or receive income for life, with capital passing to others later.

Trusts are technical. Take advice if you want to use one. See the UK guidance on trusts and tax.

Digital assets

List online accounts and digital valuables (cloud storage, crypto, photos, domain names). Do not write passwords in your will. Instead, leave access instructions securely with your executors or via a password manager.

Business and foreign assets

If you own a business or property abroad, you should take specialist advice. You may need a separate will in the other country. Cross-border issues can be complex.

Signing and witnessing: do it right

Gather you and two independent witnesses in the same place with the final will. Everyone reads the attestation clause. You sign in ink on the signature line. The two witnesses then sign and add their names and addresses. Keep the signing simple—no staples removed or pages swapped afterwards. If you need to correct an error, redo a clean copy and sign again with witnesses.

Costs and choosing help

Prices vary by complexity. A simple will usually costs less than one with trusts, business assets or overseas property. Ask for a fixed fee and what it covers (meetings, drafting, storage, copies, future changes). Check the provider is reputable and insured. For solicitors, see the Law Society’s Find a Solicitor. For general guidance, see Citizens Advice.

Inheritance Tax (IHT): quick overview

IHT depends on the size of your estate and available allowances. Many estates pay no IHT due to thresholds and spouse exemptions. Charitable gifts can reduce the rate in some cases. Plan early if your estate may be large or includes property and investments. See Inheritance Tax guidance.

Storing your will safely

Tell your executors where the original is kept.
Use fire-safe storage at home or a solicitor’s strong room.
Consider Probate Service storage via gov.uk.
Register the will’s location with the National Will Register.
Keep copies clearly marked “copy”. Never detach staples from the original.

Updating or changing your will

Review your will every 3–5 years and after life changes such as marriage, civil partnership, separation, divorce, a new child or grandchild, a house move, a big change in wealth, or the death of a beneficiary or executor.

Small changes: use a codicil, signed and witnessed like a will.
Major changes: make a new will and revoke the old one.

Note: marriage or civil partnership usually revokes an existing will unless it clearly says it was made in contemplation of that marriage or partnership.

Common mistakes to avoid

Forgetting to sign with two independent witnesses present.
Letting a beneficiary (or their spouse/civil partner) act as a witness.
Not dealing with residue, which can leave assets unallocated.
Missing “what if” provisions (e.g., if a beneficiary dies first).
Not naming substitute executors or guardians.
Leaving out digital assets or overseas property.
Storing the will where no one can find it.
Using a DIY template for a complex estate without advice.

Frequently asked questions

Can I write my own will?

Yes, if your situation is simple and you follow the signing rules. Be precise with names and gifts. Complex estates should use a professional to prevent disputes and tax issues.

Do I need a solicitor?

Not always. But use one if you own a business, have property or family overseas, have a blended family or estranged relatives, need trusts for children or vulnerable beneficiaries, or expect Inheritance Tax concerns.

What if I already have a will?

Review it. If it still reflects your wishes, keep it and update details like executors if needed. If your life has changed, make a new will.

Where do I get the right forms?

You do not need a special form. Your will must be in writing and follow the signing rules. A clear structure helps. Many people prefer a professional service to reduce risk.

How many executors should I have?

Two is common. You can have up to four. Having at least one backup is sensible in case someone cannot act.

Can I leave my house to someone but let my partner live there?

Yes. A life interest trust can let a partner live in the home for life, after which it passes to named beneficiaries. Take advice to draft this correctly.

Are funeral wishes legally binding?

No, but they guide your family. Include them in the will and tell your executors. You can also keep a separate letter of wishes.

What happens after I die?

Your executors gather assets, pay debts and taxes, then distribute what is left according to your will. Many estates need a grant of probate. See Applying for probate.

Simple checklist

I listed all assets, debts and digital accounts.
I chose beneficiaries and backups.
I named one or more executors and asked them to act.
I appointed guardians for children under 18.
I decided on gifts and residue, with “what if” wording.
I considered tax, trusts and any foreign assets.
I signed with two independent witnesses and dated the will.
I stored the original safely and told my executors.
I set a reminder to review the will every few years.

Useful official resources

Tip: Keep a short “letter of wishes” alongside your will to explain decisions, list personal items, or give guidance to guardians and executors. This is not legally binding but can prevent misunderstandings.