How to Write a Will in the UK (2026): Step-by-Step Guide
A legally valid will requires you to meet five requirements under the Wills Act 1837. Here is the complete process — from gathering your assets to signing correctly — in plain English.
The 5 legal requirements (Wills Act 1837)
- You must be aged 18 or over
- You must have mental capacity (understand what a will is and what you own)
- The will must be in writing
- You must sign (or direct someone to sign on your behalf) in the presence of two witnesses
- Both witnesses must sign in your presence — and they must not be beneficiaries
The 7-step process
Gather your asset information
List everything you own: property (with estimated values), bank accounts, investments, pensions (note: pensions pass outside your will via nomination forms), vehicles, jewellery, digital assets, and business interests. Also list significant debts. You do not need exact figures, but a clear picture helps you write accurate gift instructions.
Decide who gets what
Choose your beneficiaries. Most people leave everything to their spouse or civil partner first, then to children in equal shares. You can also make specific gifts (legacies) — e.g. a piece of jewellery to a sibling, or a cash sum to a charity. Always name substitute beneficiaries in case your first choice dies before you.
Appoint an executor
Your executor is the person legally responsible for administering your estate — collecting assets, paying debts, and distributing the estate according to your will. Choose someone organised and trustworthy. Most people appoint their spouse and an adult child, or a close friend. Professional executors (solicitors) are also an option but charge fees. Always ask before appointing.
Appoint a guardian (if you have children under 18)
If both parents die while children are minors, a guardian takes over day-to-day parental responsibility. Without this appointment in your will, a court decides who cares for your children. Both parents should appoint the same guardian. Name a substitute guardian too.
Write the will (or use a template)
Your will must be in writing. It must include: a clear statement revoking all previous wills, appointment of executor(s), specific gifts if any, residuary clause (who gets everything not specifically mentioned), and guardian appointment if relevant. A WillSafe UK kit provides all required clauses with step-by-step guidance.
Sign in front of two witnesses
Both witnesses must be physically present when you sign. Sign the will in their presence. Both witnesses then sign in your presence. Witnesses must be: adults (18+), not beneficiaries, not married/civil partners of beneficiaries. Do not sign until all three of you are in the same room at the same time.
Store the original safely
Store the original signed will where your executor can find it. Tell your executor where it is. Options: fireproof home safe, solicitor storage, Probate Registry (£11), or a will storage service. Keep copies for your own records but treat the original as the legally operative document.
What must a will contain?
A valid will should include the following elements:
| Element | Required? | Notes |
|---|---|---|
| Revocation clause | Essential | Confirms this will revokes all previous wills |
| Executor appointment | Essential | Names who administers your estate |
| Residuary clause | Essential | Who gets everything not specifically mentioned |
| Specific gifts | Optional | Named items or cash sums to specific people |
| Guardian appointment | If children under 18 | Who cares for your children if you die |
| Substitute beneficiaries | Strongly recommended | Who inherits if your first choice dies before you |
| Funeral wishes | Optional | Not legally binding but expresses preferences |
The witnessing rule: the most common mistake
More wills are invalidated or create disputes through witnessing errors than any other cause. The rules are strict:
- Both witnesses must be physically present when you sign
- You must sign in their joint presence — not separately to each
- Each witness must then sign in your presence
- Neither witness, nor their spouse or civil partner, can be a beneficiary under the will
- If a beneficiary witnesses: the gift to them is void, but the rest of the will remains valid
The witnesses do not need to read the will or know its contents. They are simply confirming they saw you sign.
Digital assets: a 2026 update
The Property (Digital Assets etc.) Act 2025 formally recognised cryptocurrency and other digital assets as property under English law. This means they can be included in your will. However, unlike physical assets, digital assets require specific instructions on how executors can access them — wallet addresses, seed phrases, account credentials. A Digital Legacy Inventory (available from WillSafe UK) is the safest way to record this information separately from the will itself.
After you have signed: immediate steps
- Tell your executor where the will is stored. An undiscoverable will is as good as no will.
- Keep copies for your own records. The original is the legally operative document.
- Register the will with a national registry or the Probate Service (£11) so it can be found.
- Review after any life event: marriage, divorce, birth of child, significant change in assets.
Frequently asked questions
Can I write my own will without a solicitor?▼
Does a will have to be handwritten?▼
Who can witness a will?▼
What happens if I make a mistake in my will?▼
Does marriage affect my will?▼
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This article is for general information only and does not constitute legal advice. Laws described apply to England and Wales under the Wills Act 1837. Consult a solicitor for complex estates. Correct as of May 2026.