Make a Will Online UK 2026: How DIY Will Kits Work, Legal Requirements for England and Wales, Common Mistakes, and When to Use a Solicitor
Making a will online is legal in England and Wales — a correctly signed and witnessed online will is as valid as a solicitor-drafted one. The Wills Act 1837 requirements are the same for both. The key risk with DIY wills is incorrect signing and witnessing — not the template content.
Online Will Kits Are Legal — The Wills Act 1837 Requirements Apply Whether You Use a Solicitor or a Will Kit
LEGAL REQUIREMENTS (s9 Wills Act 1837): (1) in writing (printed or handwritten — not electronic); (2) signed by the testator in the presence of two witnesses simultaneously; (3) both witnesses sign in the testator's presence; (4) witnesses must be 18+; (5) NO beneficiary (or their spouse/civil partner) can be a witness — beneficiary-witness loses their gift (s15). WHAT THE WILL SHOULD INCLUDE: executors; guardians (for minor children); specific gifts; residue; substitution clauses. SUITABLE FOR DIY: married couples leaving estate to spouse then children; no business/farm/foreign assets; estate below IHT threshold. USE A SOLICITOR FOR: blended families; unmarried couples; estates above £500k; businesses, farms, disabled beneficiaries, foreign property.
| Topic | Rules / Requirements | Example | Practical Guidance |
|---|---|---|---|
| Legal requirements for a valid will in England and Wales | WILLS ACT 1837 — FORMAL REQUIREMENTS (s9): a will made in England and Wales is only valid if ALL of the following conditions are met: (1) IN WRITING: the will must be written (typed or handwritten — handwritten is acceptable but typed/printed is clearer). Electronic wills are NOT yet legally valid in England and Wales (as of June 2026 — the Law Commission recommended reform but legislation has not been enacted). (2) SIGNED BY THE TESTATOR: the testator (the person making the will) must sign the will — or acknowledge an existing signature — in the presence of two witnesses who are simultaneously present. The signature must be at the bottom of the will (or if signed elsewhere: at the 'foot or end', construed flexibly by the courts). (3) WITNESSES: two witnesses must be present simultaneously (they must both see the testator sign, or the testator must acknowledge the signature to both witnesses together). The witnesses must each sign the will in the presence of the testator. (4) WITNESSES MUST BE 18+: witnesses under 18 cannot validly witness a will in England and Wales. (5) WITNESSES MUST NOT BE BENEFICIARIES: under s15 Wills Act 1837, if a witness (or the spouse or civil partner of a witness) is also a beneficiary under the will — the gift to that beneficiary is VOID (lost). The will is not invalid — the rest of the will stands — but the beneficiary-witness loses their gift. This is the MOST COMMON MISTAKE in DIY wills. (6) TESTAMENTARY CAPACITY: the testator must be 18 or over and have testamentary capacity — understanding the nature of making a will, the extent of their assets, who the natural beneficiaries are, and the effect of the dispositions. Banks v Goodfellow [1870] test applies. | EXAMPLE — VALID WILL: Margaret (aged 65) wants to make a simple will leaving everything to her son James, with her daughter Paula as executor. She completes an online will kit, prints the will. SIGNING: Margaret sits at the kitchen table with her two neighbours (Gillian and Robert) present together. Margaret signs the will (her signature at the bottom). Gillian and Robert both watch Margaret sign. Gillian then signs: 'Witnessed by: Gillian Pearson' with her address. Robert then signs: 'Witnessed by: Robert Hughes' with his address. VALID? Yes — all requirements met. Gillian and Robert are not beneficiaries; both were simultaneously present; Margaret signed first; they both signed in her presence. EXAMPLE — INVALID WITNESS: James (the beneficiary) witnesses the will because he happened to be in the room. Result: the will is still valid but James LOSES his inheritance (s15 Wills Act 1837). Everything passes on intestacy instead — which may be James, but not under the will. A common and costly mistake that voids the very gift the testator intended. | PRACTICAL CHECKLIST FOR SIGNING AN ONLINE WILL: (1) CHOOSE TWO WITNESSES: people who are NOT beneficiaries under the will AND are not married to or civil partners of a beneficiary. Friends, neighbours, work colleagues — anyone unconnected to the will gifts. (2) ALL THREE PEOPLE PRESENT TOGETHER: the testator and both witnesses must be in the same room at the same time when signing. Remote witnessing (via video call) is NOT recognised as valid in England and Wales (unlike England&Wales temporary COVID rules in 2020-2021 which have now expired). (3) TESTATOR SIGNS FIRST: the testator signs (or acknowledges their existing signature) in front of both witnesses together. (4) BOTH WITNESSES SIGN: each witness signs below the testator's signature. Witnesses write their name and address. (5) DATE THE WILL: record the date of signing. (6) DO NOT LEAVE BLANK SPACES: fill in all named beneficiaries, executors, and guardians. Blank spaces in a will can cause ambiguity disputes. (7) STORE SAFELY: keep the original signed will in a safe place — with your solicitor, bank, Will Register (Certainty National Will Register), or a fireproof home safe. Inform your executors where it is kept. (8) TELL YOUR EXECUTORS: executors cannot apply for probate if they cannot find the will. Inform named executors of the will's existence and location. |
| What an online will kit includes — and what it covers | A QUALITY ONLINE WILL KIT (SUCH AS WILLSAFE): provides a professionally drafted will template that meets the Wills Act 1837 formal requirements — designed for use in England and Wales. WHAT IS TYPICALLY INCLUDED: (1) WILL TEMPLATE: a standard form will with blanks for testator's name and address; names of executors (and substitute executors); names of guardians (for minor children); specific gifts (optional — 'I give my car to [name]'); residuary estate (who inherits everything after specific gifts and debts are paid); substitution clauses (what happens if a primary beneficiary dies before the testator — the gift passes to the substitute or falls into residue); attestation clause (the witnessing statement signed by both witnesses). (2) STEP-BY-STEP COMPLETION GUIDE: clear instructions on how to complete each section; what decisions to make (executor, guardians, specific gifts, residue); when to seek professional advice. (3) SIGNING AND WITNESSING INSTRUCTIONS: a plain-English guide to correctly signing and witnessing the will — the most critical step. Many DIY will failures arise from incorrect signing rather than incorrect content. (4) GUIDANCE NOTES: who should be an executor (banks, solicitors, family, friends — pros and cons of each); what happens if no guardian is named (court of protection); difference between specific bequest and residue; what 'per stirpes' and 'per capita' mean. WHAT A SIMPLE WILL KIT DOES NOT COVER: complex trust arrangements; inheritance tax planning trusts (NRB trusts, IPDI trusts); foreign property or overseas assets; business interests or farming assets; contentious family circumstances (estranged children, previous marriages); mental capacity concerns; complex pension nominations. For these: a specialist solicitor is needed. | EXAMPLE — SIMPLE WILL WITH ONLINE KIT: David (age 52, married to Angela, two adult children Beth and Chris, house worth £350k in joint names, savings £80k, no business). David wants: everything to Angela if she survives him by 30 days; if Angela does not survive: house and savings split equally between Beth and Chris; Angela as sole executor; Chris as substitute executor. SUITABLE FOR ONLINE KIT: yes — straightforward estate; married couple; adult children; no business, trust, or foreign asset complications. WHAT THE KIT PROVIDES: David completes the will template online; prints and signs it correctly with two witnesses (his neighbours); stores the will with Certainty National Will Register. Cost of WillSafe will kit: from £39.99. Estimated solicitor cost for equivalent simple will: £200-£400. JOINT WILLS: a single will cannot cover two people — each spouse needs their own separate will. David makes his will; Angela makes hers (leaving everything to David, then to Beth and Chris in equal shares). Mirror wills for couples are two separate wills with matching (but not identical) terms. POTENTIAL COMPLICATION: if David's estate is likely to exceed the IHT threshold (£325k + £175k RNRB = £500k per person; £1m per couple) — specialist IHT planning advice is recommended even for a 'simple' estate. The house alone (£350k in joint names = £175k each at death) combined with savings puts the estate near the threshold. | WHEN AN ONLINE WILL KIT IS RIGHT FOR YOU: DIY will kits are suitable for: (a) single adults without children, leaving the estate simply (one or two beneficiaries, no conditions); (b) married or civil-partnered couples leaving everything to the surviving spouse and then equally to adult children; (c) estates well below the IHT nil-rate band (£325k); (d) no foreign property, business interests, or trust requirements; (e) no estranged family members likely to contest the will. WHEN TO USE A SOLICITOR: (a) BLENDED FAMILIES: children from a previous relationship, step-children, or a current partner who is not the parent of your children — complex family dynamics increase the risk of contentious inheritance act claims (Inheritance (Provision for Family and Dependants) Act 1975); (b) UNMARRIED COUPLES: cohabitants have NO automatic inheritance rights — a will is essential, and a well-drafted will with correct estate planning is critical; (c) LARGE ESTATES (ABOVE £500K PER COUPLE): IHT planning (NRB trust, RNRB, BPR/APR, charitable legacy, gifts programme) requires specialist advice; (d) BUSINESS OR FARM INTERESTS: BPR/APR planning (now with the £1m cap); shareholder agreements; business will planning — specialist solicitor essential; (e) DISABLED BENEFICIARY: will trust for a disabled person (s89 IHTA) requires careful drafting and integration with means-tested benefits planning; (f) FOREIGN PROPERTY: different countries have different forced heirship rules — English will may not control foreign assets; (g) MENTAL CAPACITY CONCERNS: where the testator has or may be developing dementia — a solicitor can provide evidence of capacity (Banks v Goodfellow assessment). COST COMPARISON: WillSafe basic will kit: from £39.99. Solicitor single will: £200-£500. Solicitor mirror wills (couple): £300-£800. Specialist trust will or IHT planning will: £800-£2,500+. |
| Common online will mistakes and how to avoid them | MISTAKE 1 — BENEFICIARY WITNESSES THE WILL (s15 WILLS ACT 1837): the most common and costly mistake. If a beneficiary witnesses the will, their gift is void — the rest of the will stands, but the beneficiary receives nothing under the will. The gift of the residue (everything) to a son who also witnesses the will: the son's gift fails; the residue passes on intestacy to the beneficiaries under the intestacy rules — which may be different persons entirely. MISTAKE 2 — INCORRECT WITNESSING: witnesses not in the same room when the testator signs; testator signs before the witnesses arrive; only one witness instead of two; witnesses sign in each other's absence. Any of these errors may invalidate the will. MISTAKE 3 — ALTERATIONS AFTER SIGNING: writing on a will AFTER it has been signed and witnessed (crossing out names; adding handwritten amendments) — unless the alterations are themselves properly signed and witnessed, they have NO effect. The original text controls; the uncompleted alteration may raise doubts about the testator's intentions. The correct way to amend a will: make a new will (revokes the old one) or add a properly executed codicil. MISTAKE 4 — REVOCATION BY MARRIAGE: marriage or civil partnership after the date of the will automatically REVOKES the will in England and Wales (s18 Wills Act 1837) — unless the will was made 'in contemplation of' the specific marriage (s18(3)). A will made before getting married is automatically invalidated on marriage. The person dies intestate if they did not make a new will after the marriage. MISTAKE 5 — FAILING TO UPDATE THE WILL: the will does not update automatically if circumstances change (new children; divorce; death of a named executor; major new assets). A will made 20 years ago may not reflect current wishes. Review the will after any major life event. | EXAMPLE — BENEFICIARY WITNESS DISASTER: Susan makes her will leaving her estate (£280k) to her daughter Emma. Emma and Susan's neighbour Fred witness the will. Result: Emma's gift is void under s15 Wills Act 1837. The estate passes on intestacy. Under intestacy rules (Administration of Estates Act 1925, as amended): Susan's estate passes to her children — which is Emma. Emma inherits — but NOT under the will, through intestacy. WHY THIS MATTERS: if Susan had also left specific gifts to charities in the will, the charities' gifts are VALID (they are not affected by Emma's disqualification as beneficiary). But Emma's gift of the residue is void. Emma receives what she would get under intestacy — which in this case is the same amount, but under a different legal basis — and some gifts intended under the will may be lost. LESSONS: choose witnesses who are completely unconnected to the will gifts. If in doubt: ask the Will kit provider or a solicitor to check your witnesses are eligible. EXAMPLE — MARRIAGE REVOCATION: Peter makes a will in 2020 leaving everything to his girlfriend Anna (not yet married). Peter and Anna marry in 2023. Peter dies in 2025. His 2020 will is automatically revoked by the marriage (s18 Wills Act 1837). Peter dies intestate — the estate passes under the intestacy rules. Under intestacy: Anna (as spouse) inherits the statutory legacy (£322,000 in 2024) plus half the residue. If they had children: the children would share the other half. Peter's specific wishes (leaving the house to Anna; ring to his sister; money to charity) are lost. | WILL REVIEW CHECKLIST — WHEN TO UPDATE YOUR WILL: Review (and if necessary remake) your will on: (1) MARRIAGE OR CIVIL PARTNERSHIP: automatically revokes all previous wills made in England and Wales — ALWAYS make a new will promptly after marriage. (2) DIVORCE: divorce does not revoke the will — but it treats the former spouse as if they died on the date of the divorce for will purposes (s18A Wills Act 1837). Gifts to the former spouse and appointments of the former spouse as executor: lapse. But the rest of the will stands — potentially leaving large gifts to no-one (if the former spouse was the sole residuary beneficiary). Update the will immediately after divorce. (3) BIRTH OF A CHILD OR GRANDCHILD: the will may not include provision for a new child. If no gift is made: the child is not automatically entitled (no pretermitted heir rule in England and Wales). Consider whether the will should be updated to include the new child. (4) DEATH OF A BENEFICIARY: if a named beneficiary predeceases — their gift lapses (unless a substitution clause applies). Update the will or rely on anti-lapse provisions. (5) DEATH OF AN EXECUTOR: if a named executor predeceases or becomes incapacitated, the court may appoint an administrator instead — appoint a substitute executor. (6) MAJOR ASSET CHANGES: buying or selling property; inheriting assets; receiving a pension; starting a business — the will should be reviewed to ensure it covers new assets appropriately. (7) IHT THRESHOLD CHANGES: the April 2026 BPR/APR reforms and April 2027 pension changes may require updating estate planning wills to address new IHT exposures. |
Make a will online UK 2026. Legal framework: Wills Act 1837 (as amended), Wills Act 1968 (witnessing); Administration of Estates Act 1925 (intestacy). KEY PROVISIONS: s9 Wills Act 1837: formal requirements for a valid will — signed; in writing; two witnesses simultaneously present; witnesses sign in testator's presence. s15 Wills Act 1837: gift to beneficiary-witness (or their spouse/CP) is void — the will otherwise stands. s18 Wills Act 1837: will revoked by subsequent marriage or civil partnership — unless made 'in contemplation of' the specific marriage (s18(3)). s18A Wills Act 1837: divorce (decree absolute / conditional order made final) does not revoke will but treats the former spouse as pre-deceased for the purposes of will gifts and executor appointments. s20 Wills Act 1837: will may be revoked by a later will or codicil, or by a written declaration of revocation signed and witnessed in the same manner as a will. s21 Wills Act 1837: alterations to a will after execution are invalid unless themselves signed and attested. TESTAMENTARY CAPACITY — BANKS V GOODFELLOW TEST [1870] LR 5 QB 549: to have testamentary capacity, the testator must understand: (a) the nature and effect of making a will; (b) the extent of the property they are disposing of; (c) the claims of those who might reasonably expect to be beneficiaries; (d) how the provisions of the will interact. Capacity is assessed at the time of making the will. Mental Capacity Act 2005 (s3) provides the modern test for capacity generally; Banks v Goodfellow remains the specific test for wills. EXECUTION — KEY POINTS: the testator's signature must be INTENDED as the signature to the will (not a later initial or acknowledgment that was not intended as execution). A mark (e.g. an X) counts as a signature if intended as such. A person can guide the testator's hand to sign (if the testator intends to sign) — this is valid provided it is done at the testator's direction with two witnesses present (s9 Wills Act 1837 as amended by Administration of Justice Act 1982). Remote witnessing (video call): NOT valid in England and Wales under current law. The temporary COVID statutory instrument (Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020) expired and was not renewed. ELECTRONIC WILLS: not valid in England and Wales. Law Commission Consultation Paper No. 231 (2017) and Report No. 231 (2020) recommended reform — but legislation has not followed. PROBATE: a valid will must be submitted to the Probate Registry to obtain a Grant of Probate (or Letters of Administration with the Will Annexed if the executor is unwilling or unable to act). Probate is required for most assets above £5,000-£25,000 (varies by institution). INTESTACY: if no valid will exists, the estate passes under the intestacy rules (Administration of Estates Act 1925, amended by Inheritance and Trustees' Powers Act 2014). KEY INTESTACY RULES: spouse/CP survives: statutory legacy (£322,000 in 2024; adjusted periodically); half of residue to spouse; half to children. No surviving spouse: estate to children equally. No children: estate to parents, siblings, etc. (statutory order). Unmarried partner: NO automatic inheritance under intestacy — will is essential. INHERITANCE ACT CLAIMS: even a valid will can be challenged under the Inheritance (Provision for Family and Dependants) Act 1975 by certain categories (spouse/CP; former spouse/CP not remarried; cohabitant of 2yr+; child; person treated as child; person financially maintained by deceased). Will kits cannot prevent Inheritance Act claims — where a claim is likely (estranged child; unmarried partner; blended family), specialist advice is important. NATIONAL WILL REGISTER: wills can be registered with Certainty (the National Will Register) for a small fee. This allows executors and probate professionals to search for a will after death — particularly important if the will could be lost or if the testator does not inform their executors of the will's location. STORAGE: recommended storage options: (a) National Will Register (Certainty) registration; (b) solicitor's strong room (if a solicitor drafted it); (c) bank safe custody; (d) home fireproof safe (inform executors). Do NOT store the original will in a rented safe deposit box — the bank may not release it without a grant of probate (a Catch-22 problem). COSTS: DIY will kit (WillSafe): from £39.99. Solicitor simple single will: £200-£500. Solicitor mirror wills (couple): £300-£800. Online will writing services (instructed by a solicitor firm): £60-£200. Trust will (IHT planning, NRB trust, IPDI): £800-£2,500+. Free will services: Will Aid charity scheme (November — solicitors donate time); Free Wills Month (specific charities and periods).
Frequently Asked Questions
Is making a will online legal in England and Wales?
Yes — making a will online using a will kit is perfectly legal in England and Wales. The Wills Act 1837 sets out the formal requirements for a valid will, and these are the same whether you use a solicitor or a DIY will kit. The will is valid if: (1) it is in writing; (2) it is signed by the testator (person making the will) in the presence of two witnesses who are simultaneously present; (3) both witnesses sign the will in the presence of the testator; (4) neither witness is a beneficiary under the will (or married/in a civil partnership with a beneficiary). The will must be signed on paper — electronic wills are not yet legally valid in England and Wales. A correctly signed and witnessed online will is equally valid as a solicitor-drafted will.
Who can witness a will in the UK?
A will witness in England and Wales must be: (1) aged 18 or over; (2) physically present (in the same room) when the testator signs; (3) NOT a beneficiary under the will and NOT the spouse or civil partner of a beneficiary. If a beneficiary witnesses the will, their gift under the will is void (s15 Wills Act 1837) — the rest of the will stands, but the beneficiary-witness loses their inheritance. Witnesses do not need to know what is in the will — they only need to witness the testator's signature. Good choices for witnesses: friends, neighbours, or work colleagues who are not mentioned in the will.
How much does an online will cost in the UK?
Online will kits in the UK typically cost from £30 to £100 for a single will, or from £60 to £150 for mirror wills (two wills for a couple). WillSafe offers will kits from £39.99. In comparison, a solicitor-drafted simple will costs approximately £200-£500 per will, or £300-£800 for mirror wills for a couple. More complex wills involving trusts, IHT planning, or business assets cost £800-£2,500+. An online will kit is significantly cheaper and appropriate for straightforward situations — estates without complex assets, trusts, foreign property, or blended family complications.
Can I change my will after signing it?
Yes — but you cannot simply cross out parts of a signed and witnessed will and write in changes. Any alteration made AFTER the will is signed is only valid if it is itself signed by the testator and witnessed by two witnesses in the same way as the original will. Unwitnessed alterations after signing have no legal effect and may cast doubt on the rest of the will. The correct way to change a will is either: (1) make a completely new will (which automatically revokes the old one — state clearly in the new will that it revokes all previous wills); or (2) add a properly executed codicil (a separately witnessed addition to the original will). For minor changes, a new will is usually cleaner. Keep the original signed will safe and do not write on it after signing.
Do I need a solicitor to make a will in England and Wales?
No — you do not need a solicitor to make a valid will in England and Wales. A DIY will kit is legally valid if correctly signed and witnessed. However, a solicitor is recommended where: (a) you have a blended family (children from previous relationships, step-children, estranged family); (b) you are an unmarried cohabitant (no automatic inheritance rights — will is essential but complexity is high); (c) your estate exceeds approximately £500k (IHT planning requires specialist advice); (d) you own a business, farm, or significant investment portfolio (BPR/APR planning, the April 2026 cap); (e) you have a disabled child or beneficiary with means-tested benefits; (f) you own foreign property; (g) you have concerns about mental capacity now or in the future; (h) there is a risk of the will being contested. For straightforward estates — married couples leaving everything to spouse then children, with no complex assets — an online will kit is entirely suitable.
Make Your Will Online Today — From £39.99, Legally Valid in England and Wales
WillSafe will kits are professionally drafted, step-by-step guided, and legally valid in England and Wales when correctly signed and witnessed. Suitable for straightforward estates — no solicitor needed.
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