How to Write a Will

A will is the legal document that decides who inherits your money, property and possessions after you die. Without one, the law decides for you — and its answer may not match your wishes at all. Learning how to write a will is one of the most practical things you can do for the people you leave behind: it spares them guesswork, arguments and delay at an already difficult time.

This guide explains how to write a will that stands up in law, what it should contain, and the mistakes that can undo even a carefully written document. It covers the rules for England and Wales in detail and flags where the rules differ elsewhere, because wills law is not the same everywhere.

What Is a Will and Why Do You Need One?

A will is a legal document in which you set out what should happen to your estate — everything you own, from your home and savings to personal possessions — after your death. The person who makes the will is called the testator. In the will you name the people or charities who should benefit, known as beneficiaries, and you appoint executors to carry out your instructions.

If you die without a valid will, you are said to die “intestate”. Your estate is then shared out according to fixed legal rules, not according to what you would have wanted. In England and Wales, the rules of intestacy give your spouse or civil partner the first £322,000 of your estate plus your personal possessions, with the remainder split between your spouse and your children. Unmarried partners receive nothing under these rules, however long they lived with you, and close friends receive nothing either. Stepchildren are not included. A will is the only way to make sure the people who matter to you are provided for.

A will also lets you do things the intestacy rules cannot: leave a specific item to a specific person, leave money to a charity, set up a trust for children who are still young, and appoint guardians for your children if both parents die while they are under 18. It can also reduce arguments between family members, because your wishes are written down plainly and in a form the law recognises.

How to Write a Will: The Legal Requirements

The rules for a valid will differ by jurisdiction, so it matters where you live. The rules below are for England and Wales, under the Wills Act 1837. Scotland and Northern Ireland have their own rules — in Scotland, for example, only one witness is needed, and that witness must be over 16. In the United States, the rules vary by state, but most states also require the will to be in writing and signed before witnesses, usually two. The principles are similar almost everywhere: the will must be written, signed, and witnessed correctly.

How to Write a Will in England and Wales

For a will to be legally valid in England and Wales, five conditions must all be met:

• You are 18 or over. The main exception is for members of the armed forces on active service, who can make a will at a younger age.
• You have mental capacity. You must understand what a will does, have a reasonable idea of what you own, and understand who you are providing for. This is sometimes called testamentary capacity.
• The will is in writing. It can be typed or handwritten. A video or audio recording is not a valid will.
• You sign it in front of two witnesses. Both witnesses must be present at the same time and watch you sign. If one of them leaves the room while you sign, the will can be invalid.
• Both witnesses sign the will in your presence. Each witness signs to confirm they watched you sign.

The witnesses must be adults over 18 who are not beneficiaries under the will. If a beneficiary — or their spouse or civil partner — acts as a witness, the will itself remains valid, but the gift to that person fails. That is a common and costly mistake, so choose witnesses who inherit nothing: neighbours, work colleagues and friends are all suitable. An executor can also act as a witness, provided they are not a beneficiary.

Video witnessing was allowed temporarily during the pandemic, but that ended on 31 January 2024. Both witnesses must now be physically present with you when you sign.

How the Rules Differ in the United States

In most US states, a will must also be in writing and signed before two witnesses, but details vary. Some states recognise handwritten wills, called holographic wills, that are valid without witnesses; others do not recognise them at all. A few states allow a will to be made orally in very limited circumstances, such as for soldiers in active service. If you own property in more than one country, you may need separate wills for each jurisdiction, or a will drafted to deal with foreign property — another reason to get professional advice when your affairs cross borders.

What to Include in Your Will

A good will is thorough. Start by making a list of everything you own — your home, savings, investments, pension, car, jewellery, and anything of sentimental value — and think about who should receive each item. Then include the following:

• A revocation clause. This cancels all previous wills and codicils, so there is no confusion about which document is current.
• Your executors. The people who will administer your estate after your death.
• Specific gifts. Individual items or sums of money left to named people, such as a piece of jewellery for your daughter or £5,000 for a grandchild.
• A residuary clause. This is essential. It says who receives everything that is not covered by a specific gift — the “residue” of your estate. Without it, whatever is left over would be shared out under the intestacy rules.
• Guardians for children under 18. If you have young children, your will can name the person who should look after them if both parents die.
• Funeral wishes. You can set out whether you want to be buried or cremated, and any other wishes. These are not legally binding on your executors, but they are usually followed.
• Trusts. If you want children to inherit only when they reach a certain age, or want to protect a vulnerable beneficiary, your will can set up a trust for them.

Some assets pass outside your will whatever you write. Jointly owned property often passes automatically to the surviving owner, and many pension schemes and life insurance policies pay out to a named beneficiary under a separate nomination form. Check these arrangements as well as your will, or your wishes could be defeated by paperwork you forgot about. Planning documents that cover decisions made during your lifetime, such as a power of attorney, are covered in our Law section.

Choosing Your Executors and Guardians

Executors are the people who carry out your will. They locate your assets, apply for probate, pay your debts and any tax due, and distribute what remains to your beneficiaries. You can appoint up to four executors in England and Wales, and naming two is common so that one can act if the other is unable to.

Choose people you trust who are organised and willing to take on the work — it can take a year or more to administer an estate. Family members and friends are the usual choice, and they can also be beneficiaries. Professional executors, such as solicitors, are an option for complex estates, but they charge fees from the estate, which can run into thousands of pounds. Name substitute executors too, in case your first choices cannot act when the time comes.

Choosing guardians for your children is the most personal decision in a will. Talk to the people you have in mind before you name them — they need to be willing, and it helps if their circumstances suit raising children. You can also leave a letter explaining your reasons and your wishes for your children’s upbringing, kept with the will.

How to Write a Will Step by Step

Follow these steps to make a will that does what you intend:

1. List your assets and debts. Write down your property, bank accounts, investments, pensions, life insurance, vehicles and valuable possessions, and note anything you owe.

2. Decide who gets what. Name your beneficiaries and what each should receive, including a residuary beneficiary for everything left over.

3. Choose your executors and guardians. Ask them first, and name substitutes.

4. Draft the will. You can use a reputable will-writing template, an online will service, or a solicitor. Whichever route you take, use clear, precise language and avoid vague phrases such as “my things should go to my family”.

5. Sign and witness it correctly. Sign in front of two independent adult witnesses who are both present at the same time and who inherit nothing under the will, and have them sign in your presence. Nothing should be amended or crossed out on the signed document.

6. Store it safely and tell your executors where it is. Keep the signed original somewhere secure — at home in a fireproof place, with your solicitor, or deposited with the probate service for a one-off fee — and make sure your executors can find it. You can also register the will’s existence and location with the National Will Register for a fee.

If you run a business, remember that your will should also deal with your business assets and who should take over. Our Business section covers planning topics for owners and the self-employed, and a solicitor can advise on business property relief and succession.

Common Mistakes That Can Invalidate a Will

Most wills that fail do so for avoidable reasons. Watch out for these:

• Wrong witnessing. Witnesses who were not both present when you signed, or a beneficiary acting as a witness, can void gifts or the whole will.
• Crossings-out and handwritten changes. Any amendment to the signed document can cause confusion or invalidate parts of the will. If you want to change your will, make a codicil or a new will.
• Forgetting the residuary clause. Without one, unlisted assets fall under the intestacy rules.
• Not updating after big life changes. Marriage automatically revokes a will in England and Wales (with limited exceptions), while divorce does not revoke the whole will but treats a former spouse as if they had died. A new marriage, divorce, birth or death in the family should all prompt a review.
• Unclear wording. Ambiguous gifts — “my house to my children” when you own two houses — invite disputes and court cases.
• Assuming a will covers everything. Jointly owned property, pensions and life insurance nominations may pass outside the will, as noted above.

Updating, Storing and Registering Your Will

A will is not a one-off task. Review it every three to five years, and immediately after marriage, divorce, the birth of a child or grandchild, a death in the family, a house move, or any big change in your finances. To change a will you can add a codicil — a short document that amends it, which must be signed and witnessed in the same way — but for substantial changes a new will is usually cleaner, and it should revoke all earlier wills.

Store the signed original safely and let your executors know where it is. A will that cannot be found is as useless as one that was never made. Registering its location with the National Will Register is a low-cost way to make sure it can be traced. You can also deposit the original will with the probate service for a one-off fee of £24.

Finally, remember that inheritance tax may apply. In the UK, inheritance tax can be payable if the value of the estate is above the nil-rate band, which was £325,000 in 2025, although exemptions — including the residence nil-rate band and transfers between spouses — often mean no tax is due. Tax rules change regularly, so check the current position on GOV.UK or with a tax adviser when you make or update your will.

Frequently Asked Questions

Can I write my own will without a solicitor?

Yes. In England and Wales there is no legal requirement to use a solicitor, and a homemade will is valid if it meets the Wills Act 1837 rules: it is in writing, you are 18 or over and of sound mind, and you sign it in front of two independent witnesses who then sign it too. Solicitors are worth considering for complex estates, blended families or business owners.

What happens if I die without a will?

Your estate is shared out under the rules of intestacy. In England and Wales your spouse or civil partner inherits the first £322,000 plus personal possessions, and the remainder is split between your spouse and children. Unmarried partners, friends and stepchildren receive nothing. You can read more about how intestacy works in general on Wikipedia’s guide to intestacy.

How much does it cost to make a will?

Costs vary widely. DIY templates and online will services can cost under £100, while a solicitor-drafted will for a straightforward estate typically costs a few hundred pounds. Complex estates with trusts or tax planning cost more. Charities sometimes offer free will services in return for a legacy gift.

Can I change my will after I have made it?

Yes. You can make a codicil to amend it, or write a new will revoking the old one. Any change must be signed and witnessed in the same way as the original will. Never amend the signed original by hand — cross out nothing and write nothing in the margins.

Do I need to register my will?

No, registration is optional in the UK. But registering the will’s existence and location with the National Will Register, or depositing the original with the probate service, makes it much easier for your executors to find it. For background on how wills are administered after death, see Wikipedia’s explanation of probate, and for the historical and legal background of wills themselves, see Wikipedia’s article on wills.

This article is general information, not legal advice. Laws about wills vary by jurisdiction and change over time. If your situation is complex, or you are unsure whether a will meets the rules where you live, consult a qualified lawyer in your jurisdiction before relying on it.

David Lawson

David Lawson writes Homeyo's legal guides, explaining everyday legal topics in plain, straightforward language. He has spent years writing about the law for general readers, from wills and contracts to consumer rights. His guides help you understand your options — and when it is time to speak to a solicitor.