Wills UK: Why You Need One & How They Work (2026 Guide)

Data last checked on 10 October 2026.

Checked against legislation.gov.uk, GOV.UK and mygov.scot. Edited by Steven Butler.

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Your will lets you decide what happens to your money, property and possessions after your death. If you die without a will, the law decides who gets what. This guide explains what a will does, what happens if you do not have one, and how to make sure yours is legally valid.

Key points

✓Your will lets you decide what happens to your money, property and possessions after your death. If you die without a will, the law decides who gets what.
✓In England and Wales, a surviving partner who was not married or in a civil partnership with the deceased has no automatic right to inherit.
✓Your will should set out who you want to benefit, who should look after any children under 18, and who is going to sort out your estate and carry out your wishes after your death (your executor).
✓Marriage or a civil partnership automatically revokes an earlier will in England and Wales, unless it was made in contemplation of that marriage.
✓You should review your will every 5 years and after any major change in your life.

What a will does

Your will should set out:

Who you want to benefit from your will
Who should look after any children under 18
Who is going to sort out your estate and carry out your wishes after your death (your executor)
What happens if the people you want to benefit die before you
A charity, if you want to include one

GOV.UK says that if you make a will you can also make sure you do not pay more Inheritance Tax than you need to.

If you die without a will, the law decides who gets what. See what happens if you die without a will.

Who should make a will?

You can write your will yourself, but GOV.UK says you should get advice if your will is not straightforward. For example, you can get advice from a professional if:

You share a property with someone who is not your husband, wife or civil partner
You want to leave money or property to a dependant who cannot care for themselves
You have several family members who may make a claim on your will, such as a second spouse or children from another marriage
Your permanent home is outside the UK
You have property overseas
You have a business

In England and Wales, a surviving partner who was not married or in a civil partnership with the deceased has no automatic right to inherit.

Making your will legally valid

There are different rules for Scotland and different rules for Northern Ireland. In England and Wales, a will is valid if:

Yes: You are 18 or over and of sound mind
Yes: It is in writing
Yes: You sign it in the presence of two witnesses (both 18 or over)
Yes: Both witnesses then sign it in your presence
Yes: Neither witness, nor their husband, wife or civil partner, is a beneficiary (a gift to them would be void)

In Scotland, you can make a will from age 12, and it does not need a witness to be valid, though signing it in front of one witness (aged 16 or over) makes it ‘self-proving’ and easier for a court to accept without extra evidence. See how to make a will for the full step-by-step.

Keeping your will up to date

You should review your will every 5 years and after any major change in your life, for example:

Marriage or civil partnership, in England & Wales this automatically revokes an earlier will (unless it was made in contemplation of that marriage)
Getting separated or divorced; in England and Wales a former spouse named as an executor or beneficiary is treated as if they had died on the date the marriage was dissolved
Having a child
Moving house
The death of the executor named in the will

You cannot amend your will after it has been signed and witnessed. The only way you can change a will is by making an official alteration called a codicil, which you sign and get witnessed in the same way as a will. For major changes you should make a new will.

Where to go next

Frequently asked questions

What happens if I die without a will in the UK?

If you die without a will, the law decides who gets what. In England and Wales, a surviving partner who was not married or in a civil partnership with the deceased has no automatic right to inherit. In England and Wales, where the person who died leaves a spouse or civil partner and children, the surviving spouse or civil partner takes the personal possessions, the first £322,000 and half of the rest, and the other half is held on trust for the children.

Do I need a solicitor to make a will?

You can write your will yourself, but GOV.UK says you should get advice if your will is not straightforward. Examples are sharing a property with someone who is not your husband, wife or civil partner, wanting to leave money or property to a dependant who cannot care for themselves, having property overseas, or having a business.

What does wills law say about marriage and an earlier will?

In England and Wales, wills law says a marriage will automatically revoke any earlier will, unless that will was specifically made in contemplation of the marriage. Divorce doesn't cancel the will but generally treats your former spouse as having died before you. GOV.UK says you should review your will every 5 years and after any major change in your life.

How many witnesses does a will need?

In England and Wales a will must be signed in front of two independent witnesses, who then sign in your presence. Neither witness (nor their spouse or civil partner) can be a beneficiary. In Scotland a witness is not required for a will to be valid, but signing it in front of one witness (aged 16 or over) makes it 'self-proving', and you can make a will from age 12.

Do married couples each need a will, and is that the same as a 'last will and testament'?

Your will lets you decide what happens to your money, property and possessions after your death. GOV.UK says that getting married cancels any will you made before, and that you should review your will every 5 years and after any major change in your life. In England and Wales, marriage or a civil partnership automatically revokes an earlier will unless it was made in contemplation of that marriage.

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Know Your Rights UK. "Wills UK: Why You Need One & How They Work (2026 Guide)." Know Your Rights UK, https://www.knowyourrightsuk.com/wills