Do I Need a Solicitor to Write a Will in England & Wales?

What the law says: will writing is not a reserved activity

Under Schedule 2 of the Legal Services Act 2007, the activities that only regulated lawyers can perform are known as “reserved legal activities”. They include things like conducting court proceedings, preparing certain court documents, and conveyancing. Will writing is deliberately excluded from this list. Parliament made a conscious decision that drafting a will should remain open to anyone — including the person making the will.

The government has reviewed this position several times (most notably in the Legal Services Board’s 2013 report) and has consistently declined to regulate will writing as a reserved activity. The result is that you, a high-street stationer, an online service, or an unregulated will writer can all produce a will — and it can be just as legally valid as one drafted by a solicitor.

What makes a will legally valid?

Validity comes from section 9 of the Wills Act 1837, not from who wrote the document. A will is valid if:

1. It is in writing (typed or handwritten)
2. It is signed by the testator (or by someone at their direction if they cannot sign)
3. The testator’s signature is made or acknowledged in the presence of two witnesses
4. Both witnesses sign the will in the testator’s presence
5. The testator is 18 or over and has testamentary capacity

That is it. No solicitor signature required. No Notary. No registration. A will you write at your kitchen table and sign in front of two neighbours can be every bit as valid as one prepared by a partner at a City law firm — provided you follow the requirements above.

When a DIY will kit is the right choice

A DIY will kit is appropriate for the majority of adults in England and Wales. It works well when:

• Your estate is straightforward — a home, savings, ISAs, personal possessions
• You have a clear picture of who should inherit and in what proportions
• Your family situation is uncomplicated — a spouse or partner, children from one relationship
• Your estate is unlikely to face inheritance tax (the threshold is currently £325,000 per person, plus £175,000 residence nil-rate band for a home left to direct descendants)
• You do not own property overseas
• You do not have a business that needs succession planning

Our Single Will Kit covers exactly this situation. It includes a professionally drafted template, step-by-step plain-English instructions, an attestation clause, a witnessing guide, and a glossary. It has been drafted in accordance with the Wills Act 1837 and follows best practice for England and Wales. The total cost is £39.99 — a fraction of even the cheapest solicitor appointment.

When you should use a solicitor

There are situations where paying for professional advice is genuinely worthwhile. Seek a solicitor if any of the following apply:

• Overseas property. Property in other countries is governed by the law of that country. A UK will may not be effective without additional steps (e.g. a separate will in the country where the property is held, or a specific clause under the EU Succession Regulation).
• Blended families. If you have children from a previous relationship and a current spouse or partner, leaving everything to your spouse can inadvertently disinherit your children. A solicitor can structure a will that protects both.
• A disabled beneficiary. A direct gift to someone receiving means-tested benefits can disqualify them from those benefits. A discretionary trust in the will can preserve their entitlement.
• Business succession. Business Property Relief (BPR) can reduce or eliminate inheritance tax on qualifying business assets, but the structuring needs to be right.
• Potential challenges. If you think a family member might contest the will on grounds of undue influence or lack of capacity, a solicitor can create a contemporaneous file note of your capacity that may be critical evidence later.
• Large or complex estate. If your estate is likely to exceed the nil-rate band substantially, professional IHT planning may save your estate tens of thousands of pounds.

The cost comparison

To put the decision in concrete terms:

Solicitor fee ranges based on published Law Society and comparison site data, 2026. Actual quotes vary by firm and region.

The bottom line

For the majority of UK adults, a solicitor is not necessary to write a valid, effective will. The legal requirements are straightforward, the templates in our kits are professionally drafted, and the cost saving is substantial. If your situation is complicated, a solicitor is a worthwhile investment. If it is not, you can produce an equally valid will yourself for a fraction of the price.

Not sure which camp you fall into? Take our free two-minute will quiz to get a clear recommendation.

Frequently asked questions