How to Write Your Own Will in England & Wales: The Complete 2026 Guide

Around 60% of UK adults have no will. That means the majority of people are leaving one of the most important legal decisions of their lives to a default set of government rules — the intestacy rules — rather than their own wishes. The good news is that for most people, writing a valid will is far simpler than they expect. You do not need a solicitor, you do not need to spend hundreds of pounds, and you do not need a law degree. This guide covers everything: who can make a will, what it must contain, the exact signing rules, how to appoint an executor and guardians, how to make gifts, where to store the finished document, and when a DIY will is not the right choice. By the end, you will have everything you need to get started.

Who can make a will?

To make a legally valid will in England and Wales you must satisfy two requirements.

Age. You must be aged 18 or over. There is one narrow exception: a soldier, airman, or mariner on actual military service can make a “privileged will” at any age, even verbally, without the usual formalities — a rule that dates to the First World War. For everyone else, 18 is the minimum.

Mental capacity. The legal test comes from the 1870 case Banks v Goodfellow. In plain English, it means you must understand: (1) what a will is and what it does; (2) the nature and approximate value of the property you are leaving; (3) who your close relatives are and who might reasonably expect to benefit; and (4) how those three things connect when you make your decisions. You do not need to be in perfect health or have an exceptional memory. Millions of people make valid wills while living with conditions like early-stage dementia, depression, or serious physical illness. What matters is that you have capacity at the moment of signing. If there is any doubt, ask your GP to note in your records that you had capacity on the day.

What a valid will must contain

The Wills Act 1837 sets out the formal requirements, but it does not prescribe a specific form or layout. A valid will must:

• ✓Be in writing (typed or handwritten — both are equally valid)
• ✓Clearly identify the testator — your full legal name and address
• ✓Contain a declaration revoking all previous wills and codicils
• ✓Appoint at least one executor
• ✓Contain your gifts and instructions for the residuary estate
• ✓Be signed by you at the end, in the presence of two independent adult witnesses who also sign
• ✓Include a properly worded attestation clause confirming the signing ceremony took place correctly

While a date is not technically a legal requirement, every will should include one. Without a date, proving which of two wills is the most recent becomes unnecessarily complicated. Always date your will on the day you sign it.

The residuary clause deserves special mention. It catches everything you own at the date of death that has not been specifically gifted elsewhere — including assets you acquire after writing the will. It also catches any gifts that “lapse” (for example, a beneficiary who dies before you). Without a residuary clause, those assets fall outside your will entirely and are distributed under the intestacy rules, regardless of your intentions.

Step-by-step: how to write your will

1. 1

   List your assets and estimate their value

   Before you write a single word, sit down with a piece of paper and list everything you own. This is not about being exact to the penny — it is about making sure nothing significant gets overlooked. Common categories include:

   • ✓Property (your home and any investment or rental properties)
   • ✓Savings accounts and cash ISAs
   • ✓Investments, stocks, shares, and stocks and shares ISAs
   • ✓Pension death benefits (note: these usually pass outside the will via a nomination of beneficiaries)
   • ✓Life insurance policies (check whether these are written in trust)
   • ✓Vehicles, jewellery, art, and valuable personal belongings
   • ✓Digital assets (cryptocurrency, online businesses, domain names)
   • ✓Debts and liabilities (mortgage, loans — these reduce your net estate)

   The total net value of your estate will also tell you whether inheritance tax (IHT) is likely to be relevant. The current nil-rate band is £325,000, with additional reliefs for passing a main residence to direct descendants.

2. 2

   Decide who your beneficiaries are

   A beneficiary is anyone who receives a gift under your will. You can leave gifts to individuals (by full name and relationship), charities (include the registered charity number), or organisations. Be specific — “my sister” is fine if you have one sister, but “my sister Jane Elizabeth Smith of 14 Acacia Avenue, Bristol, BS1 1AA” is better.

   If you want to split your estate among several beneficiaries, express shares as percentages of the residuary estate (e.g. 50% to spouse, 25% to each child) rather than fixed sums. Fixed sums can create problems if the value of your estate changes significantly before your death.

3. 3

   Appoint an executor

   Your executor is the person responsible for carrying out the instructions in your will after your death. They apply for probate, collect your assets, pay your debts, and distribute what remains to your beneficiaries. See our executor duties guide for a full breakdown of what the role involves.

   An executor can be a beneficiary — this is very common. Choose someone you trust to be organised, honest, and willing to spend time on administration. Always name at least one substitute executor in case your first choice is unable or unwilling to act. Up to four executors can act simultaneously on a grant of probate, though one or two is usually enough.

4. 4

   Appoint guardians if you have children under 18

   If you have children under 18, your will is the place to appoint a guardian to look after them in the event that no parent with parental responsibility survives. This is one of the most important reasons for any parent to make a will, yet it is frequently overlooked.

   Talk to your intended guardian before naming them. A guardianship appointment only takes effect if the child has no surviving parent with parental responsibility, so in most cases it operates as a safety net. Name a substitute in case your first choice is unable to act.

5. 5

   Decide on specific gifts

   A specific gift (also called a “specific bequest”) is a named item left to a named person — for example, your grandmother's engagement ring to your daughter, or a particular vehicle to a sibling. Be precise in your description so there is no ambiguity. If you own multiple similar items, include enough detail to identify the right one: make, model, registration number, or distinctive features.

   If a specifically gifted item no longer exists at the date of your death — because you have sold or disposed of it — the gift simply fails (this is called “ademption”) and the beneficiary receives nothing for that item. Keeping your will up to date avoids this.

6. 6

   Write or download your will template

   Once you know what you want to say, you need to put it in a legally structured document. You can write a will from scratch, but a well-designed template significantly reduces the risk of missing essential clauses — particularly the residuary clause, the revocation clause, and the attestation clause.

   Our Single Will Kit (£39.99) and Mirror Wills Kit (£59.99) include plain-English templates with every required clause, a completing guide, and a signing-ceremony checklist — so nothing falls through the gaps.

7. 7

   Sign it correctly

   This is where most DIY wills go wrong. See the full witnessing section below — or read our dedicated guide to witnessing a will for the complete step-by-step ceremony.

The witnessing rules

Section 9 of the Wills Act 1837 sets out the witnessing requirements that have governed English wills for nearly two centuries. These rules are simple but unforgiving — get them wrong and your will has no legal effect, regardless of how carefully it is written.

You need two witnesses. Both must be present at the same time — not one today and one next week. Both must physically watch you sign (or watch you acknowledge a signature you have already made). Video witnessing was permitted temporarily during the COVID-19 pandemic, but that provision expired on 31 January 2024. As of 2026, all witnesses must be physically present in the same room.

Witnesses cannot be beneficiaries. Under section 15 of the Wills Act 1837, if a beneficiary (or their spouse or civil partner) witnesses the will, that beneficiary's gift fails — even though the rest of the will remains valid. Choose witnesses who are not named in your will and have no financial interest in your estate.

Witnesses must be adults with capacity. Anyone aged 18 or over who can see and understand what they are witnessing will do — a neighbour, colleague, friend, or professional. They do not need to read the will or know its contents.

After you sign, each witness signs the attestation clause and adds their full name, address, and occupation. This information is not legally required for validity, but it is essential in practice — if your will is later challenged, the witnesses may need to be traced to give evidence. For a full step-by-step ceremony guide, see our witnessing a will guide.

Appointing an executor

Your executor is the legal personal representative of your estate. They apply to the Probate Registry for a Grant of Probate, then use that grant to collect your assets, settle your debts, pay any inheritance tax due, and distribute the estate to your beneficiaries. Our executor duties guide covers the full scope of the role in detail.

Almost anyone can be an executor: a family member, a friend, a solicitor, a bank, or a professional trustee company. Up to four executors may act simultaneously on a grant. Naming two is often sensible — a primary and a substitute — so there is always someone able to act.

An executor can also be a beneficiary. This is the norm in most simple wills — a spouse or adult child is often appointed as both executor and primary beneficiary. There is no conflict of interest in doing so, as long as they administer the estate honestly.

Guardianship for children

Under section 5 of the Children Act 1989, a parent with parental responsibility can appoint a guardian for their children in their will. The appointment takes effect only if the child has no surviving parent with parental responsibility — so in most families with two living parents, it operates as a safety net for the worst-case scenario.

A guardian must be aged 18 or over. They take on parental responsibility for the child and are responsible for the child's day-to-day care, education, and welfare until the child turns 18. Financial management of any inheritance is usually handled separately by trustees (who may or may not be the same person as the guardian).

Name a substitute guardian in case your first choice is unable or unwilling to act when the time comes. Always discuss the appointment with the intended guardian before finalising your will — the conversation is important, even if it is not legally required.

Making gifts in your will

Gifts in a will fall into two broad categories: specific gifts (a named item or sum to a named person) and the residuary estate (everything left over after specific gifts, debts, and expenses are dealt with).

Specific gifts should be described clearly. “My 2022 Land Rover Defender, registration AB22 XYZ, to my son Thomas James Smith” leaves no room for dispute. Vague descriptions (“my car” when you own two) cause arguments and delays.

What happens if a gift fails? If a beneficiary dies before you, their gift “lapses” and falls back into the residuary estate — unless the gift was to a child or remoter descendant of yours, in which case it passes to their own children under section 33 of the Wills Act 1837. You can also include a “substitution clause” naming who should receive the gift instead. This is good drafting practice for any significant gift.

Percentages vs. fixed sums. For the residuary estate, using percentages (e.g. “70% to my spouse and 15% to each of my two children”) is more robust than fixed cash sums. The value of an estate changes over time — a fixed sum written today may represent a very different proportion of your estate by the time you die.

What about digital assets?

Digital assets — cryptocurrency, online investment accounts, domain names, social media accounts, digital businesses, and online subscriptions — are an increasingly significant part of people's estates. Your will can express wishes about who should receive them, but your executor will also need to be able to access them. This requires careful planning: passwords, seed phrases, and access credentials must be stored securely and separately from the will itself (never in the will — it becomes a public document on probate).

See our detailed digital legacy guide for a full breakdown of how to plan for digital assets in England and Wales, including practical advice on secure credential storage and platform-specific access rules.

Making a will as a couple

Married couples and civil partners often make mirror wills — two separate wills with broadly identical terms that “mirror” each other. Typically, each partner leaves everything to the other, with the same substitute beneficiaries (usually the children) if the other has already died.

Mirror wills are two separate legal documents. Each one is signed and witnessed independently. They are not automatically revoked if you separate or divorce — though marriage or civil partnership does automatically revoke any existing will, so update yours after any change in status.

Our Mirror Wills Kit (£59.99) includes two complete will templates with completing guides and a shared signing checklist — everything both partners need in one purchase.

How to store your will safely

A will that cannot be found when you die has no effect. Storing it safely — and making sure your executor knows exactly where it is — is as important as signing it correctly. See our detailed guide on how to store a will safely in the UK for a full breakdown of every option.

In brief, the main options are:

• ✓Fireproof safe at home. Good if you have a quality safe and your executor has access. Risk: the executor must know where the safe is and how to open it.
• ✓Solicitor storage. Many solicitors hold wills for free or a small fee. The will is held on their file and they contact your executor. Ask whether the storage is permanent and what happens if the firm closes.
• ✓Government's Probate Registry (National Will Register). HMCTS operates a will storage service. The will is registered nationally, making it searchable after your death. This is one of the most secure options available.
• ✓Specialist will storage service. Companies such as the Society of Will Writers or Certainty offer secure storage with national registry options.

Whatever you choose, never staple, clip, or pin anything to your signed will — marks suggesting something was once attached raise questions about tampering and can complicate probate. Keep copies separately, but be clear with your executor that only the original signed document is the operative will.

Keeping your will up to date

A will is not a set-and-forget document. Life changes, and your will should reflect those changes. The key events that should trigger a review are:

• ✓Marriage or civil partnership. In England and Wales, getting married or entering a civil partnership automatically revokes any existing will. If you marry and do not make a new will, you die intestate.
• ✓Divorce. Divorce does not revoke your will. However, under section 18A of the Wills Act 1837, any gift to an ex-spouse and any appointment of them as executor takes effect as if they had died on the date of the final divorce order. This may not reflect your intentions — update your will.
• ✓New children or grandchildren. An existing will does not automatically include children born or adopted after it was made. Review and update if your family grows.
• ✓Significant asset changes. Buying property, inheriting assets, or starting a business may change what you want to leave and to whom.
• ✓Death of a beneficiary or executor. If a named person dies, their gift lapses and their appointment lapses. Update so your wishes are still clear.

For minor changes, you can use a codicil — a short supplementary document that amends one or more clauses. A codicil must itself be signed and witnessed in the same way as the original will. For anything more than a minor tweak, making a fresh will that revokes the old one is usually cleaner and less likely to cause confusion. Our codicil vs. new will guide explains when each approach is appropriate.

When a DIY will is not right for you

We want to be honest about this. A well-drafted DIY will is perfectly appropriate for most people with straightforward circumstances. But certain situations genuinely warrant professional advice. Compare your options in our DIY will vs. solicitor guide.

Consider consulting a solicitor if:

• ✓Your estate is likely to exceed the inheritance tax nil-rate band (£325,000 per person, or £650,000 for a married couple) and you want to explore IHT mitigation strategies such as trusts, Business Property Relief, or charitable giving.
• ✓You have a blended family — children from a previous relationship and a current spouse — where competing claims could arise, particularly under the Inheritance (Provision for Family and Dependants) Act 1975.
• ✓You own a business or business assets and need to consider succession planning, Business Property Relief, and shareholder agreements.
• ✓You own property abroad (different jurisdictions have different succession laws and the interaction with an English will can be complex).
• ✓You want to set up a trust — for example, a discretionary trust for minor beneficiaries or a life interest trust for a surviving spouse.
• ✓Your mental capacity may be questioned — in which case a solicitor can obtain a capacity assessment at the time of signing to “golden-file” the will.

If none of those apply to you — if you have straightforward assets, a clear idea of who you want to benefit, and no significant complexity — then a well-structured DIY will kit is an entirely appropriate and legally robust solution. If you are unsure, our guide to what happens if you die without a will may help you understand the stakes of doing nothing.

Frequently asked questions