How to write a will in the UK: a step-by-step guide

Knowing how to write a will in the UK matters more than most people realise, even if you don't think you have much to leave behind. A will is a legal document that sets out who inherits your money, property, and possessions when you die - without one, the law decides for you, and the outcome might not reflect your wishes at all.

You're most likely to need a will if any of the following apply to you:

• You're in an unmarried couple - a partner you're not married to or in a civil partnership with has no automatic right to inherit under intestacy rules, however long you've been together
• You have children under 18 - a will lets you name a guardian; without one, the courts decide who raises your children
• You own property - especially if you own it jointly with someone other than a spouse, or want to leave it to someone specific
• You have a blended family - stepchildren have no automatic inheritance rights unless you've formally adopted them or named them in your will
• Your estate could exceed the inheritance tax nil-rate band - a will lets you plan how tax is paid and by whom

If you die without a will, your estate is distributed according to the rules of intestacy, which follow a fixed order of relatives and often don't match what you'd have chosen yourself.

Age and mental capacity

To make a valid will in England and Wales, you must be at least 18 years old (with a limited exception for some members of the armed forces) and have testamentary capacity - the mental ability to understand what a will is, what you own, and who might reasonably expect to benefit. This doesn't mean you need a clean bill of health. Someone in the early stages of dementia can still have testamentary capacity on a good day, provided they genuinely understand the decisions they're making. If capacity is in doubt, a GP or specialist assessment at the time of signing can help avoid the will being challenged later.

Written, signed, and witnessed

The Wills Act 1837 sets out the formal requirements for a valid will in England and Wales:

1. The will must be in writing, whether handwritten or typed
2. You must be 18 or over when you make it (with limited exceptions)
3. You must sign it, or direct someone else to sign it in your presence
4. Your signature must be made or acknowledged in the presence of two witnesses, both present at the same time
5. Each witness must then sign the will in your presence, though they don't need to see what you've written

Witnesses must not be beneficiaries under the will, or married to a beneficiary - if they are, the gift to them fails, even though the rest of the will remains valid. You can read the full text of the Wills Act 1837 on legislation.gov.uk.

Scotland and Northern Ireland follow different rules. Scotland's succession law developed separately and doesn't require witnessing in the same way, while Northern Ireland has its own statutory framework. This guide focuses on the law in England and Wales.

Once you understand the legal requirements, the process itself breaks down into seven manageable steps.

Step 1: List your assets and liabilities

Start by writing down everything you own and owe. This typically includes property (note any outstanding mortgage), savings and current accounts, investments, vehicles, business interests, and valuable items like jewellery. Pension death benefits usually sit outside your estate and are paid according to a separate nomination form held by the pension provider, so check this separately with each scheme.

Don't forget digital assets - cryptocurrency, online accounts, and anything else held electronically (more on this later). Remember that any debts, including an outstanding mortgage, are paid from your estate before anything is distributed to beneficiaries. Your home may be repossessed if you do not keep up repayments on your mortgage or any other debt secured on it, so it's worth reviewing your mortgage protection or life insurance at the same time as your will.

Step 2: Decide who inherits what

List your beneficiaries using their full legal names and current addresses to avoid any ambiguity. Think about primary beneficiaries (who inherits first) and residuary beneficiaries (who inherits whatever's left after specific gifts and debts are paid), and consider what happens if a beneficiary dies before you - without a backup named, that gift can lapse and fall back into the residue of your estate.

If your estate is likely to exceed £325,000 (or £500,000 if you're leaving a home to children or grandchildren, thanks to the residence nil-rate band), inheritance tax at 40% may apply to the amount above the threshold. This is a good moment to think about wider financial planning - some people look at remortgaging and your estate to release funds during their lifetime rather than leaving a larger taxable estate. Speak to an advisor before making any decisions that affect your estate's value.

Step 3: Appoint an executor

Your executor is responsible for administering your estate - applying for probate, paying any debts and tax, and distributing what's left according to your will. You can appoint between one and four executors, and many people choose a mix of family members and, for larger or more complex estates, a professional such as a solicitor. Professional executors charge a fee, usually taken from the estate.

Avoid naming a single executor with no backup - if they die before you or are unable to act, your estate could be left without anyone to administer it. Naming at least one alternate executor is good practice.

Step 4: Appoint a guardian for minor children

If you have children under 18, your will is the only formal way to name a guardian who would take parental responsibility if both parents die. Without a named guardian, the decision falls to the courts, which can mean delay and uncertainty at an already difficult time. Alongside the will, many parents write a separate letter of wishes explaining their reasoning and any preferences around upbringing, though this isn't legally binding.

Step 5: Make specific gifts

Specific gifts are named items or fixed sums left to particular people or causes - cash legacies, jewellery, art, or a charitable donation. If you're leaving a gift to charity, include its full registered name and charity number to avoid confusion. Leaving 10% or more of your estate to charity can reduce the rate of inheritance tax charged on the rest of your estate from 40% to 36%, which is worth discussing with an advisor if charitable giving is part of your plans.

Step 6: Choose how to write the will

There are three main routes, and the right one depends on how complex your estate is:

• DIY template - suitable for simple estates with no children and straightforward wishes, but offers no legal check and is the route most likely to produce errors
• Professional will writer - a good middle ground for standard family estates; check they're a member of the Society of Will Writers or the Institute of Professional Will Writers, since will writing itself isn't regulated by the Financial Conduct Authority
• Solicitor - the most secure option, particularly for complex estates, business assets, blended families, or inheritance tax planning

See our guide on how much does a will cost in the UK for a closer look at pricing across each route.

Step 7: Sign and witness your will correctly

You must sign your will in the presence of two witnesses, both watching at the same time, and they must then sign it in your presence too. Neither witness can be a beneficiary, or married to one - if they are, that person's gift fails even though the rest of the will stays valid. You don't need a solicitor present for signing, but you do need to date the will clearly, since a dated document makes it easy to identify as your most recent will if you write another one later.

Even a well-intentioned will can fail, in whole or in part, if it falls foul of a few common errors. Watch out for:

• Using a beneficiary as a witness - the gift to that person fails, even though the rest of the will remains valid
• Unsigned or undated amendments - any change made after signing needs to be signed and witnessed again, or added through a formal codicil
• No residuary clause - without one, anything you haven't specifically gifted can fall into intestacy rather than going where you intended
• Outdated beneficiary details - always use full legal names and current addresses to prevent disputes over identity
• Marrying after you've written your will - marriage automatically revokes an existing will in England and Wales; divorce doesn't revoke a will, but it does remove your ex-spouse as a beneficiary and executor
• Vague descriptions - phrases like "my car" or "my savings" can cause disputes if you own more than one of something, or if what you own changes before you die
• Homemade will kits used for complex situations - pre-printed kits can miss the nuances of blended families, business assets, or larger estates

Digital assets are increasingly part of what we leave behind, yet they're easy to overlook when writing a will. They can include cryptocurrency such as Bitcoin or Ethereum, online bank and PayPal accounts, investment platform holdings, premium domain names, monetised social media accounts, and digital photo libraries.

Two things matter here. First, never include passwords or access instructions in the will itself - a will becomes a public document once probate is granted, so anyone can read it. Instead, keep a separate, secure letter of wishes with access details and update it whenever your passwords change. Second, check each platform's terms of service, since some accounts are explicitly non-transferable and can't be passed on even if you name them in your will.

Wills aren't meant to be written once and forgotten. As your life changes, your will needs to keep up - and there are two ways to update it.

Codicil

A codicil is a formal amendment to your existing will, signed and witnessed with the same formality as the original document. It works well for minor changes, such as adding a beneficiary or swapping an executor. The downside is that multiple codicils can become confusing and increase the risk of contradictions, so they're best used sparingly.

New will

Writing a new will automatically revokes all previous wills, provided it includes a revocation clause. This is the recommended route for major life changes - marriage, divorce, having children, a significant change in your assets, or moving abroad - where the scale of change makes a codicil impractical.

Certain life events should always prompt a will review:

Plenty of straightforward estates can be handled with a professional will writer or even a well-chosen template. But certain situations call for a solicitor and, often, wider financial advice:

• Your estate is likely to be subject to inheritance tax
• You own business assets or a share in a company
• You own property overseas
• You have a complex family situation - a blended family, estranged relatives, or dependants with additional needs
• You're concerned about creditors or a beneficiary's ability to manage an inheritance
• There's any question over testamentary capacity

Will writing itself isn't regulated by the Financial Conduct Authority, so it's worth checking that any will writer you use belongs to a recognised body such as the Society of Will Writers or the Institute of Professional Will Writers. As a Financial Conduct Authority-regulated broker, we work alongside qualified will writers and solicitors, and can also help you think about how your will connects to the rest of your finances.

If a large share of your estate value sits in your home, it's worth exploring equity release and estate planning together, since releasing equity during your lifetime changes what's left in your estate and how much inheritance tax may be due. Your home may be repossessed if you do not keep up repayments on your mortgage or any other debt secured on it, so it's a decision to make with proper advice rather than as an afterthought.

This guide is general information and doesn't constitute legal advice. For guidance specific to your circumstances, speak to a qualified solicitor or professional will writer. For a broader look at estate planning alongside your will, see our complete wills guidance.

If you're feeling overwhelmed by your finances or unsure where to start, MoneyHelper offers impartial, government-backed guidance at moneyhelper.org.uk or by calling 0800 138 7777.