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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.

·9 min read

The 5 legal requirements (Wills Act 1837)

  1. You must be aged 18 or over
  2. You must have mental capacity (understand what a will is and what you own)
  3. The will must be in writing
  4. You must sign (or direct someone to sign on your behalf) in the presence of two witnesses
  5. Both witnesses must sign in your presence — and they must not be beneficiaries

The 7-step process

1

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.

2

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.

3

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.

4

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.

5

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.

6

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.

7

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:

ElementRequired?Notes
Revocation clauseEssentialConfirms this will revokes all previous wills
Executor appointmentEssentialNames who administers your estate
Residuary clauseEssentialWho gets everything not specifically mentioned
Specific giftsOptionalNamed items or cash sums to specific people
Guardian appointmentIf children under 18Who cares for your children if you die
Substitute beneficiariesStrongly recommendedWho inherits if your first choice dies before you
Funeral wishesOptionalNot 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

  1. Tell your executor where the will is stored. An undiscoverable will is as good as no will.
  2. Keep copies for your own records. The original is the legally operative document.
  3. Register the will with a national registry or the Probate Service (£11) so it can be found.
  4. 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?
Yes. Will writing is not a reserved legal activity in England and Wales. Any adult with mental capacity can write their own will. The will is valid if it meets the Wills Act 1837 requirements: in writing, signed by you in the presence of two independent adult witnesses, who also sign. A solicitor is only essential if your estate is genuinely complex — for example involving trusts, business assets, or significant inheritance tax planning.
Does a will have to be handwritten?
No. A typed and printed will is perfectly valid in England and Wales. It must still be physically signed by you and your two witnesses. Note: unlike Scotland and some other jurisdictions, England and Wales do not recognise handwritten 'holographic' wills that are unsigned and unwitnessed.
Who can witness a will?
Any two adults (18+) who are not beneficiaries under the will, and who are not married to or in a civil partnership with a beneficiary. If a beneficiary witnesses the will, they lose their gift — though the will itself remains valid. Good choices are neighbours, colleagues, or friends. Both witnesses must be physically present when you sign, and must see you sign.
What happens if I make a mistake in my will?
Do not cross out, overwrite, or use correction fluid on a signed will — any alterations made after signing are presumed invalid unless separately signed and witnessed. For minor changes, add a codicil (a formally signed and witnessed amendment). For significant changes, the safest approach is to write a completely new will that revokes the previous one.
Does marriage affect my will?
Yes — marriage or civil partnership automatically revokes any existing will in England and Wales under section 18 of the Wills Act 1837. Your estate then passes under intestacy rules unless you write a new will after the marriage. Write a new will as soon as possible after getting married.
How do I store my will safely?
The original signed will should be stored somewhere secure but accessible to your executors. Options include: a fireproof safe at home (tell your executors where), with your solicitor, at the Probate Registry (£11 one-off fee), or registered with a national will storage service. Never store the original in a bank safety deposit box — executors may need probate to access it, creating a circular problem.
How often should I update my will?
Review your will after any major life event: marriage, civil partnership, divorce, birth of a child or grandchild, significant change in assets, death of a named executor or beneficiary, or if you move abroad. As a general rule, review it every 3–5 years even if nothing has changed. Marriage revokes your existing will automatically; divorce does not, but removes your ex-spouse as a beneficiary.

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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.