Making a Valid Will in England and Wales

Who should read this

• Anyone who wants to make or update a will.
• Anyone asked to witness a will.
• Families checking whether a relative’s will was made properly.

What the law says

• Under section 9 of the Wills Act 1837, a will must be in writing and signed by the person making it (or by someone else in their presence and at their direction), with the intention of giving effect to it.
• The signature must be made or acknowledged in the presence of two witnesses who are present at the same time, and each witness must then sign or acknowledge their signature in the presence of the person making the will.
• A witness, or the spouse or civil partner of a witness, who is left something in the will generally loses that gift — although the will itself remains valid.
• You must normally be 18 or over and have mental capacity to make a valid will.
• Marriage or civil partnership normally revokes an existing will, unless it was made in expectation of that marriage. After divorce, an ex-spouse is generally treated as having died for the purposes of the will.

Steps

1. Decide what you want — List your assets, who you want to benefit, and who should be your executors and any guardians for young children.
2. Write the will — Make it clear and complete. For anything beyond a simple estate, use a solicitor or a regulated will writer.
3. Sign with two witnesses — Sign in front of two independent adult witnesses who are both present; they then sign in front of you.
4. Store it safely — Keep the original somewhere safe and tell your executors where it is. You can also store it with the Probate Service.
5. Review it — Review your will after marriage, divorce, the birth of a child or a major change in your finances.

Documents you'll need

• A list of your assets and debts.
• Names and addresses of executors, beneficiaries and any guardians.
• Any existing will you are replacing.

Fees

• Solicitor and will writer fees vary; ask for a fixed fee.
• There is a small fee to store a will with the Probate Service; check GOV.UK.

Timeline

A simple will can be prepared in days. The formalities themselves — signing and witnessing — take a few minutes, but must be done correctly.

Common mistakes

• Using a beneficiary, or a beneficiary’s spouse or civil partner, as a witness.
• Witnesses not both being present when you sign.
• Making changes by hand after signing without re-executing the will.
• Forgetting that getting married normally cancels an earlier will.

Questions

Does a will need to be registered?

No. There is no requirement to register a will in England and Wales, although you can choose to store it with the Probate Service.

Can a family member witness my will?

They can, but if they or their spouse or civil partner are left anything in the will, they will usually lose that gift. It is safest to use independent witnesses.

Why does LawMitran not sell a DIY will?

Because a will that is worded or witnessed wrongly may fail when your family needs it most, and problems only come to light after death, we recommend making a will with a solicitor or a regulated will writer.

When to consult a lawyer

• You own property abroad, a business or significant assets.
• You have children from more than one relationship, or dependants who may make a claim.
• You want to set up a trust or reduce inheritance tax.
• There is any doubt about your mental capacity.

Related

• Find a solicitor or barrister →