Last updated: •Checked against primary legislation on legislation.gov.uk
Making a will is more straightforward than most people expect. You decide who gets what, who carries out your wishes, and who looks after any young children, then sign it correctly in front of witnesses. Here's the full step-by-step, including the witnessing rules that keep it legally valid and how to store it so it can be found.
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Step 1, Work out what you have
Start by listing your estate, everything you own and owe:
1
Assets
Property, savings and bank accounts, investments, vehicles, valuable possessions, life insurance (note whether it's written in trust), and any business interests.
2
Debts
Mortgage, loans, credit cards and other liabilities, these are paid out of your estate before anything is distributed.
3
Rough value
Knowing the approximate total helps you plan gifts and consider whether Inheritance Tax might apply.
Step 2, Decide who gets what
1
Beneficiaries
Decide who inherits and in what shares. You can leave specific gifts (a sum of money or an item) and then the 'residue', everything left over, to one or more people.
2
Back-up gifts
Say what happens if a beneficiary dies before you, for example, their share passing to their children, so your will doesn't partly fail.
3
Charity
Gifts to charity are free of Inheritance Tax and, if you leave 10% or more of your estate to charity, can reduce the IHT rate on the rest.
If you want to leave out someone who might expect to inherit (for example an adult child), get advice, certain people can challenge a will under the Inheritance (Provision for Family and Dependants) Act 1975. A short note explaining your reasons can help.
Step 3, Choose executors and guardians
1
Executors
These are the people who administer your estate, gathering assets, paying debts and distributing the rest. Choose people who are organised and willing; you can appoint up to four, and a professional (like a solicitor) if you prefer.
2
Guardians
If you have children under 18, name guardians to look after them. Without this, a court decides who cares for them.
Step 4, Write it (solicitor, online, or DIY)
1
Do it yourself
A home-made or template will is legal if it meets the requirements, but mistakes are common and can be costly, best only for very simple situations.
2
Online will service
A guided, fixed-fee service that's cheaper than most solicitors and reduces the risk of basic errors, good for straightforward estates.
3
Solicitor
Recommended for blended families, business assets, property abroad, trusts, or Inheritance Tax planning. More expensive but reduces the risk of disputes.
Step 5, Sign and witness it correctly
This is where DIY wills most often go wrong. The rules:
1
England & Wales
You must sign (or acknowledge your signature) in the presence of two witnesses aged 18+, who then each sign in your presence. Neither witness, nor their spouse/civil partner, can be a beneficiary, or their gift is void.
2
Scotland
You can make a will from age 12. It needs to be signed on every page, with one witness to your signature on the last page, to be 'self-proving'.
3
Don't use family who inherit as witnesses
Use neutral witnesses, neighbours or colleagues, who gain nothing from the will.
Everyone must be present at the same time when signing. Witnessing by video or with people in another room risks making the will invalid.
Step 6, Store it and tell people
1
Keep it safe
Store the signed original somewhere secure, with a solicitor, a will-storage service, or safely at home. Banks no longer offer free will storage as standard.
2
Tell your executors
Make sure your executors know the will exists and where to find it. A will no one can find is no use.
3
Don't alter it
Never write on, staple, or unstaple a signed will. To change it, make a witnessed codicil or a new will.
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Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99). England, Scotland, Wales & Northern Ireland.
Frequently asked questions
How do I make a will that's legally valid?
In England and Wales, your will must be in writing, signed by you (aged 18+ and of sound mind) in front of two independent witnesses, who then sign in your presence. Neither witness can be a beneficiary. In Scotland you can make a will from age 12 and need only one witness. Get the witnessing right, it's the most common reason home-made wills fail.
Can I write my own will without a solicitor?
Yes. A home-made or online will is legally valid if it meets the requirements. DIY is fine for very simple situations, but mistakes, especially in witnessing or unclear wording, are common and can be expensive to fix after death. For blended families, business assets, property abroad or Inheritance Tax planning, use a solicitor.
Who can witness a will?
Any adult (18+) who is not a beneficiary and is not married to or in a civil partnership with a beneficiary. They must watch you sign and then sign themselves while you're present. Using a beneficiary as a witness doesn't invalidate the whole will, but it does cancel that person's gift, so always use neutral witnesses.
Where should I keep my will?
Store the signed original somewhere safe, with a solicitor, a dedicated will-storage service, or securely at home, and make sure your executors know where it is. Don't alter, staple or unstaple it after signing, as that can raise questions about its validity. To make changes, use a witnessed codicil or write a new will.