How to Write a Will in the UK (2026/27): DIY vs Online vs Solicitor
How to write a valid will in England and Wales 2026/27: the Wills Act rules (2 witnesses), DIY vs online vs solicitor, executors, guardians, and intestacy if you have none.
A practical guide to making a will in England and Wales for 2026/27. What makes a will legally valid under the Wills Act 1837 (in writing, signed, 2 witnesses), your four options from a DIY kit to a solicitor, what to put in the will, how it interacts with Inheritance Tax, and how to keep it valid after marriage or divorce. Without a valid will you die "intestate" and an unmarried partner inherits nothing. Scotland and Northern Ireland have different succession law - see the note at the end.
Why you need a will
A will is the only way to say who inherits your money, property and possessions, who looks after your children, and who administers your estate. Without a valid will you die intestate, and the intestacy rules decide everything - often in ways people do not expect.
- Unmarried partners get nothing. Per gov.uk, a partner who was not married or in a civil partnership with you has no automatic right to inherit under intestacy - regardless of how long you were together or whether you shared a home.
- A spouse does not automatically get everything. If you are married or in a civil partnership with children, your spouse or civil partner takes your personal possessions plus a statutory legacy of £322,000 (the "fixed net sum" for deaths on or after 26 July 2023, per HMRC IHTM12122), and the balance is split - half to the spouse, half between the children.
- Guardians for your children. A will is where you appoint guardians for children under 18. Without it, the courts decide who raises them.
- Speed and cost. A clear will makes it easier and often cheaper for your executors to administer your estate and apply for probate.
What makes a will legally valid
In England and Wales a will must meet the requirements of the Wills Act 1837, summarised by gov.uk:
- You (the "testator") must be 18 or over, of sound mind, and making the will voluntarily.
- The will must be in writing.
- You must sign it (or direct someone to sign on your behalf if you are unable to).
- You sign in the presence of 2 witnesses, both over 18, who then sign it while they can clearly see you and the act of signing.
- Witnesses cannot be beneficiaries. You cannot leave a witness (or a witness's married partner) anything in the will - if you do, the gift to them is void, so choose witnesses who do not inherit.
Any later change to the will must be signed and witnessed with the same formality. Get one step wrong and part - or all - of the will can fail, which is exactly the kind of error a DIY will is prone to.
Your options: DIY vs online vs will-writer vs solicitor
gov.uk confirms you can write your will yourself, but says you should get advice if it is not straightforward. The four routes trade cost against risk. Note the regulation gap: will-writing is not a reserved legal activity, so will-writing firms are not regulated the way solicitors are.
| Option | Relative cost | Regulation | Best for | Error risk |
|---|---|---|---|---|
| DIY will kit / template | Lowest (stationery or free template) | Not regulated | Very simple estate, single beneficiary, no property complications | Higher |
| Online will service | Low, usually a flat fee | Not automatically regulated | Straightforward wishes, standard family situation | Medium |
| Will-writing firm | Mid-range | Will-writing is NOT a reserved legal activity - firms are not regulated the way solicitors are | People wanting a person to talk to, but check any voluntary-scheme membership | Medium |
| Solicitor | Highest | Regulated by the SRA, with professional indemnity insurance | Complex estates, trusts, business assets, second marriages, potential disputes, IHT planning | Lower |
Rule of thumb: a very simple estate (one property, one or two beneficiaries, no business or trust) can often be handled by a good online service; anything with a business, a trust, a second marriage, stepchildren, foreign assets, a likely dispute, or an Inheritance Tax exposure is safer with a solicitor, who is regulated by the SRA and carries professional indemnity insurance. We do not recommend specific firms - compare on regulation, price transparency and reviews.
What to put in your will
- Executors. One or more people (or a professional) who administer your estate, pay debts and tax, and apply for probate. Choose people you trust who are willing to act.
- Guardians. Who cares for your children under 18 if both parents die.
- Specific gifts (legacies). Named sums of money or particular possessions to particular people or charities.
- Residue. Everything left after gifts, debts and tax. Always include a residue clause and a backup - if a beneficiary dies before you and there is no substitute, that share can fall into intestacy.
- Funeral wishes. You can record these, but they are guidance for your family, not legally binding.
Wills and Inheritance Tax
A will is where estate-planning decisions are put into effect. In outline, per gov.uk: there is normally no Inheritance Tax if your estate is below the £325,000 nil-rate band, or if you leave everything above it to your spouse, civil partner or a charity (spouse and civil-partner gifts are exempt). An extra residence nil-rate band of £175,000 can apply when a home passes to children or grandchildren, lifting the combined threshold to £500,000. The standard IHT rate above the threshold is 40%.
IHT planning is where a solicitor earns their fee. For the detail see our Inheritance Tax rules guide and the wills and estate-planning checklist. Consider life insurance written in trust to cover an IHT bill without adding to the taxable estate.
Keeping your will valid and up to date
- Marriage revokes it. Under section 18 of the Wills Act 1837, marriage or a civil partnership normally revokes an existing will - unless the will was expressly made in expectation of that marriage. Make a new will when you marry.
- Divorce. Divorce does not cancel the whole will, but your former spouse is generally treated as having died before you for gifts and executor roles - so review it to avoid gaps.
- New children, deaths, property or big money changes. Any of these is a prompt to review.
- Changes need the same formality. Update by making a new will or a signed, witnessed codicil - never by crossing out or writing on the original.
- Storage. Keep the signed original somewhere your executors can find it (solicitor, bank, the government will-storage service, or a secure place at home). Executors need the original to apply for probate.
Scotland and Northern Ireland
This guide covers England and Wales. Scotland has separate succession law including "legal rights" that guarantee a spouse, civil partner and children a fixed share of moveable estate you cannot fully exclude, and Northern Ireland has its own wills and intestacy legislation with different intestacy shares. If you live in, or hold assets in, either nation, take advice under the law that applies to you.
Related guides
- Wills and estate-planning checklist - the step-by-step list to work through before you draft.
- Intestacy rules guide - exactly who inherits if you die without a will.
- Inheritance Tax rules guide - nil-rate band, residence nil-rate band and the spouse exemption in full.
- Life insurance guide - covering an IHT bill and providing for dependants.
Frequently asked questions
How do you write a legally valid will in the UK?
To make a valid will in England and Wales you must be 18 or over, of sound mind, and make it voluntarily. Put it in writing, then sign it in the presence of 2 witnesses who are both over 18 - and they must sign it while you watch. Your witnesses (or their married partners) cannot inherit anything under the will, or that gift is void. You can write it yourself, use an online will service or a will-writing firm, or use a solicitor - a solicitor is the most robust choice for anything other than a very simple estate. Without a valid will you die "intestate" and the intestacy rules decide who inherits: an unmarried partner receives nothing.
Do I need a solicitor to write a will?
No - you can legally write your own will in England and Wales, and gov.uk confirms you can do it yourself. But you should get advice if your will is not straightforward. A solicitor is worth it when your estate is complex: you own a business or property abroad, you want to set up a trust, you have a second marriage or stepchildren, you expect a family dispute, or you need Inheritance Tax planning. Solicitors are regulated by the Solicitors Regulation Authority and carry professional indemnity insurance, so if their drafting is negligent you have redress. Will-writing firms that are not solicitors are not regulated the same way, so check what protections they offer before you use one.
Is a DIY will legal?
Yes, a homemade or DIY will is legal in England and Wales as long as it meets the Wills Act rules: it is in writing, you are 18 or over and of sound mind, you sign it, and 2 witnesses over 18 sign it while watching you sign. The risk with DIY wills is not legality but error - ambiguous wording, gifts that fail, missing residue clauses, or a witness who is also a beneficiary (which voids their gift). These mistakes are often only discovered after death, when they cannot be fixed. A DIY will suits a very simple estate; for anything more complex, professional drafting reduces the chance of the will being challenged or partly failing.
What happens if you die without a will?
If you die without a valid will you die "intestate", and the intestacy rules - not your wishes - decide who inherits. Per gov.uk, an unmarried partner or cohabitee has no automatic right to inherit anything, no matter how long you lived together. If you are married or in a civil partnership and have children, your spouse or civil partner takes your personal possessions plus a statutory legacy (a fixed net sum) of £322,000, and the rest is split - half to the spouse and half between the children. Only relatives inherit under intestacy; friends, carers and stepchildren you have not adopted get nothing. Making a will is the only way to override these default rules.
How many witnesses does a will need?
A will in England and Wales needs 2 witnesses, and both must be over 18. Under the Wills Act 1837 you sign the will in the presence of both witnesses, and they then sign it while they can clearly see you and the act of signing. They do not both have to sign at the same moment as each other, but they must witness your signature. Critically, you cannot leave anything in the will to a witness or to a witness's married partner - if you do, the gift to them fails (although the will itself stays valid). For that reason, choose witnesses who are not beneficiaries: neighbours or colleagues are safer than family members who inherit.
Does getting married cancel my will?
Usually, yes. Under section 18 of the Wills Act 1837, a will is revoked by the testator's marriage or civil partnership in England and Wales, so an existing will is normally cancelled when you marry. The main exception is a will made "in expectation of marriage" to a named person, which states it should not be revoked by that marriage - then it survives. Because most people do not realise marriage wipes out their will, a common outcome is that a newly married person unknowingly dies intestate. If you marry or enter a civil partnership, review your will and make a new one. Divorce does not revoke the whole will, but your former spouse is generally treated as having died before you for the purposes of gifts and executor appointments.
What should a will include?
A will typically names one or more executors (the people who administer your estate and apply for probate), appoints guardians for any children under 18, sets out specific gifts of money or possessions, and deals with the "residue" - everything left after gifts, debts and any tax. Without a residue clause, part of your estate can pass under the intestacy rules by accident. Many people also record funeral wishes, though these are not legally binding. If your estate could face Inheritance Tax, the will is where spouse-exempt gifts and charitable legacies are structured. Keep the will consistent, sign and witness it correctly, and store the original somewhere your executors can find it.
How do I store and update my will?
Keep the signed original somewhere safe and tell your executors where it is - options include with a solicitor, a bank, the government's will-storage service, or a secure place at home. Executors need the original, not a copy, to apply for probate, so a lost original can cause serious problems. To change a will you either make a new will (which revokes the old one) or add a formal alteration called a "codicil" - and a codicil must be signed and witnessed with the same formality as the will itself. Review your will after any major life event: marriage or civil partnership (which usually revokes it), divorce, a new child, a death in the family, buying property, or a significant change in your finances.
Do the will rules differ in Scotland and Northern Ireland?
Yes. This guide covers England and Wales. Scotland has a separate system of succession law, including "legal rights" that entitle a surviving spouse, civil partner and children to a fixed share of the deceased's moveable estate that a will cannot fully exclude - so you cannot completely disinherit close family there. Northern Ireland has its own wills and intestacy legislation that differs in detail from England and Wales, including different intestacy shares. The core idea - make a valid will or the default rules decide - applies everywhere, but if you live in or hold assets in Scotland or Northern Ireland, get advice under the law that applies to you.