WillSafeUK
DIY Wills

Is a DIY Will Kit Actually Legal? The Honest Answer.

·7 min read·WillSafe UK

“But is it actually legal?” — it is the first question most people ask. The honest answer is: yes, for most people, a DIY will is entirely valid. But there are situations where you genuinely should use a solicitor. Here is the actual law, the cases where DIY works perfectly, and the cases where it does not.

The law: what it actually says

In England and Wales, will-writing is governed by the Wills Act 1837. Section 9 of that Act sets out the formal requirements for a valid will:

Wills Act 1837, s9 — the requirements:

  1. 1.The will must be in writing
  2. 2.It must be signed by the testator (the person making the will), or by some other person in their presence and by their direction
  3. 3.The signature must be made or acknowledged in the presence of two or more witnesses present at the same time
  4. 4.Each witness must attest and sign the will in the testator's presence

That is the complete list. There is no requirement for a solicitor, a notary, a professional drafter, or any other authorised person. Will-writing is not a reserved legal activity under the Legal Services Act 2007 — which means anyone can do it.

When a DIY will is absolutely the right choice

A DIY will kit works well when you have:

  • A straightforward estate — home, savings, pension, personal belongings
  • Clear wishes about who inherits your estate
  • A clear choice of executor (the person who carries out your will)
  • Beneficiaries who are adults and UK-resident
  • No overseas property or assets
  • No significant business interests requiring tax structuring
  • No complex family situation (second marriage, blended family, potential disputes)

This describes the majority of adults in the UK. For these people, a well-drafted template with the correct signing and witnessing process produces a legally valid will that will be followed.

When you should use a solicitor

A solicitor is genuinely worth the cost when:

  • You have property outside England and Wales — different countries have different rules
  • You need a trust — for minor children, disabled beneficiaries, or inheritance tax planning
  • You have a business that needs succession planning
  • Your estate is likely to exceed the nil-rate band (£325,000, or £500,000 if leaving to direct descendants) and you want active IHT planning
  • You have a blended family where disputes are possible
  • A beneficiary may lack mental capacity and needs a statutory will
  • You want to disinherit a spouse or child (the 1975 Inheritance Act allows family provision claims — get advice first)

We say this on every page of our site and we mean it. A DIY will kit is the right product for most people. It is not the right product for everyone.

The real risks with DIY wills (and how to avoid them)

The risks are not about using a template — they are about execution. The most common problems:

1. Witnesses who are beneficiaries

Under s15 Wills Act 1837, if a witness (or their spouse or civil partner) is a beneficiary of the will, that gift is void — though the will itself remains valid. This is easy to avoid: choose two witnesses who are not named in the will and have no financial interest in your estate.

2. Incorrect signing ceremony

All three parties — the testator and both witnesses — must be physically present together for the signing. You cannot sign it at home and then get witnesses to sign separately later. A step-by-step witnessing guide eliminates this risk.

3. Ambiguous wording

A vague gift can cause disputes. “I leave my jewellery to my daughters equally” is less clear than it seems if daughters disagree about which piece is which. A template with plain-English sections prompts you to be specific.

4. Not updating after major life events

Marriage automatically revokes a will. Divorce removes gifts to an ex-spouse. Having children does not automatically update who inherits or who you want as guardian. A will is not a set-and-forget document — review it after every major life change.

What is included in our kits

Every WillSafe UK kit includes:

  • A professionally drafted template with attestation clause
  • Step-by-step plain-English guide (reading age 10–12)
  • Signing and witnessing ceremony instructions
  • Glossary of will terminology
  • Editable DOCX + typeset PDF

Common questions

Is a handwritten will valid in England and Wales?+

A handwritten will can be valid if it meets the requirements of the Wills Act 1837: signed by the testator and witnessed by two independent adults who both sign in the testator's presence. However, handwritten wills carry a higher risk of ambiguity. A typed template with a proper attestation clause is more reliable.

Do I need a solicitor to make a will?+

No. Will-writing is not a reserved legal activity under the Legal Services Act 2007. Any adult over 18 with mental capacity can make a valid will in England and Wales without a solicitor. Solicitors are recommended for complex estates, trusts, foreign property, or significant business assets.

What makes a will invalid in England and Wales?+

Common reasons a will can be challenged: not signed correctly (s9 Wills Act 1837), witnessed by a beneficiary or their spouse (which voids that gift), the testator lacked mental capacity at the time of signing, or evidence of undue influence. A structured template with signing instructions eliminates most of these risks.

Self-help information only. This article is for general informational purposes and does not constitute legal advice. WillSafe UK is not a firm of solicitors. The information above is correct for England and Wales; Scotland and Northern Ireland have different rules.

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