Making a will in England and Wales: the legal requirements explained

A will sets out who should receive your money, property and possessions when you die, and who should deal with your estate. Without one, the law decides for you, and the result may not be what you would have wanted. This guide explains the basic legal requirements in England and Wales. It is general information, not advice on your situation.

Why make a will?

GOV.UK's guide to making a will (opens in a new tab) explains that a will lets you make sure your money, property and possessions go to the people and causes you choose. It is particularly important if:

• you have children, especially young children, as a will is where you can appoint guardians
• you live with a partner but are not married or in a civil partnership
• you have been married before or have a blended family
• you own property or a business, or have assets abroad
• you want to leave gifts to friends or charities

What happens if you die without a will?

If you die without a valid will, your estate is shared out under the intestacy rules. GOV.UK has an interactive tool showing who inherits if someone dies without a will (opens in a new tab). In broad terms:

• a surviving husband, wife or civil partner usually inherits first, including personal possessions and a fixed sum set by law, with any excess shared with children
• if there is no spouse or civil partner, children inherit, followed by other relatives in a set order
• unmarried partners do not inherit automatically under the intestacy rules, however long the relationship

An unmarried partner or dependant who has been left without reasonable provision may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (opens in a new tab), but these claims can be slow, costly and uncertain. A will is usually a much simpler route.

The legal requirements for a valid will

The formal rules are in section 9 of the Wills Act 1837 (opens in a new tab). A will is not valid unless:

• it is in writing
• it is signed by the person making it (the testator), or by someone else in their presence and at their direction
• it appears that the testator intended, by signing, to give effect to the will
• the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time
• each witness then signs, or acknowledges their signature, in the presence of the testator

You must normally be 18 or over to make a will, and you must have the mental capacity to make it. Broadly, that means understanding what a will is, having a general idea of what you own, understanding who might expect to benefit, and not being affected by a disorder of the mind that distorts your decisions. A will must also be made freely, without pressure from anyone else.

Choosing your witnesses carefully

A witness, or the husband, wife or civil partner of a witness, should not be someone who benefits under the will. Under section 15 of the Wills Act 1837 (opens in a new tab), the will is still valid, but the gift to that witness or their spouse or civil partner will usually fail. Choosing two independent adults as witnesses avoids this problem.

What to put in your will

A typical will covers:

• executors: the people who will deal with your estate, collect assets, pay debts and tax and distribute what is left
• guardians: who should look after any children under 18 if both parents have died
• specific gifts: particular items or sums of money to particular people or charities
• the residue: everything left after debts, expenses and specific gifts
• what happens if a beneficiary dies before you
• funeral wishes, although these are not legally binding

Think about digital assets too, such as online accounts and photos, and make sure your executors will be able to find a list of your accounts.

Marriage and civil partnership cancel a will

Under section 18 of the Wills Act 1837 (opens in a new tab), getting married or forming a civil partnership normally revokes an existing will, unless the will was made in expectation of that particular marriage or civil partnership. Many people are surprised by this rule. If you marry, check whether you need a new will.

Divorce changes a will

Divorce does not revoke a will, but under section 18A of the same Act your former spouse or civil partner is treated as if they had died on the date of the final order, unless the will says otherwise. Gifts to them, and their appointment as executor, usually fall away. Our divorce guide explains the process.

Changing your will

You should not write changes on your existing will. Small changes can be made by a codicil, which is a separate document that must be signed and witnessed in the same way as a will. For larger changes, it is usually cleaner to make a new will that revokes the old one. Review your will after major life events, such as marriage, divorce, the birth of a child, moving home or a significant change in your finances.

Keeping your will safe

Keep the original somewhere secure and tell your executors where it is. Options include keeping it with your solicitor or will-writing provider, at your bank, or storing it with the Probate Service (opens in a new tab) for a fee. A photocopy is not usually enough if the original cannot be found.

Inheritance Tax

Inheritance Tax may be payable on an estate above certain thresholds, and there are reliefs and exemptions, including for gifts to a spouse or civil partner and to charities. The thresholds and rules change, so check GOV.UK's Inheritance Tax guide (opens in a new tab) for the current position. If your estate may be affected, specialist advice can be worthwhile.

Lasting powers of attorney are different

A will only takes effect when you die. If you want someone to manage your affairs if you lose mental capacity during your lifetime, you need a lasting power of attorney (opens in a new tab), which is registered with the Office of the Public Guardian. Many people arrange both at the same time.

Who can write a will for you?

You can legally write your own will, and for very simple situations some people do. The risks are mistakes in signing and witnessing, unclear wording and failing to deal with everything you own. Will writing is not a reserved legal activity, so not everyone who offers will-writing services is regulated. Solicitors' firms are regulated by the Solicitors Regulation Authority, and you can check a firm on the SRA register (opens in a new tab).

Where to get help

The Law Society's Find a Solicitor (opens in a new tab) lets you search for private client solicitors, and our free legal help page lists other services. To find a solicitor, search the Law Society's Find a Solicitor (opens in a new tab) and check any firm on the SRA register (opens in a new tab). Our free legal help page lists free options.

Sources

1. GOV.UK's guide to making a will (opens in a new tab) (gov.uk)
2. who inherits if someone dies without a will (opens in a new tab) (gov.uk)
3. Inheritance (Provision for Family and Dependants) Act 1975 (opens in a new tab) (legislation.gov.uk)
4. section 9 of the Wills Act 1837 (opens in a new tab) (legislation.gov.uk)
5. section 15 of the Wills Act 1837 (opens in a new tab) (legislation.gov.uk)
6. section 18 of the Wills Act 1837 (opens in a new tab) (legislation.gov.uk)
7. storing it with the Probate Service (opens in a new tab) (gov.uk)
8. GOV.UK's Inheritance Tax guide (opens in a new tab) (gov.uk)
9. lasting power of attorney (opens in a new tab) (gov.uk)
10. SRA register (opens in a new tab) (sra.org.uk)
11. Law Society's Find a Solicitor (opens in a new tab) (solicitors.lawsociety.org.uk)

Sources checked for the update dated 15 October 2026. Spotted an error? Tell us and read how we handle corrections.