To make a valid will in England and Wales you must be 18 or over, of sound mind and make it voluntarily and in writing. You then sign it in front of two witnesses who are both over 18, and they sign it in your presence. Scotland and Northern Ireland have different rules, set out below.
Key points
✓In England and Wales you sign your will in front of two witnesses who are both over 18, and they then sign it in your presence.
✓In Scotland you can make a will from age 12 and a witness is not needed for it to be legally valid. Signing every page, with a witness to your signature on the last page, makes it self-proving.
✓In England and Wales a gift to a witness, or to their husband, wife or civil partner, can be void. Use witnesses who gain nothing from your will.
✓In England and Wales, getting married cancels a will you made before. In Scotland it does not.
✓Do not write changes on a signed will. Make a codicil, or make a new will.
Step 1, Work out what you have
Start by listing your estate, which is your money, property and possessions, and what you owe:
1
Assets
Assets include bank accounts, savings and pensions, as well as property, household goods and personal items.
2
Debts
Debts include utility bills, mortgages and money owed on credit cards. They are paid before the estate is shared out.
3
Rough value
Knowing the approximate total helps you plan your gifts.
If your estate may be big enough for Inheritance Tax to matter, read our Inheritance Tax guide.
Step 2, Decide who gets what
1
Beneficiaries
Your will should set out who you want to benefit from it.
2
Back-up gifts
Say what happens if someone you want to benefit dies before you.
3
Charity
There is no Inheritance Tax to pay on gifts to charities. If you leave 10% or more of the net value of your estate to charity in your will, the estate can pay Inheritance Tax at a reduced rate on some assets.
When a person dies domiciled in England and Wales, certain people can apply to the court if the will does not make reasonable financial provision for them, under the Inheritance (Provision for Family and Dependants) Act 1975. They include a spouse or civil partner, a child of the person who died, and anyone the person was maintaining. If you want to leave out someone who might expect to inherit, such as an adult child, get advice first. In Scotland, your spouse, civil partner and children can claim a fixed share of your moveable property even if you leave them nothing in your will. These are called legal rights, and they do not apply to land or buildings, including a family home.
Your executor sorts out your estate and carries out your wishes after your death. You can appoint an executor by naming them in your will. The High Court in England and Wales cannot grant probate to more than four people for the same part of an estate.
2
Guardians
Your will should say who should look after any children under 18. In Scotland, a will can say who will look after any children under 16.
Your executors will later apply for probate where one is needed.
Step 4, Write it (solicitor, online, or DIY)
1
Do it yourself
You can write your will yourself, but you should get advice if your will is not straightforward.
2
When to get advice
GOV.UK gives these examples: 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; several family members may make a claim on your will; your permanent home is outside the UK; you have property overseas; or you have a business.
3
Solicitor
Solicitors set their own fees, and the cost can vary depending on how complex your circumstances are. In Northern Ireland, nidirect says it is advisable to use a solicitor, as there are various legal formalities you need to follow to make sure that your will is valid.
4
Help with the cost
In Scotland, you may be able to get help to write a will at a reduced cost through your employer, a trade union, an insurance policy, or a charity or voluntary organisation.
You need to get your will formally witnessed and signed to make it legally valid. The rules differ by nation:
England and Wales
Scotland
Age to make a will
18 or over
12 or over
Witnesses needed for it to be valid
Two
None, but a witness makes it self-proving
Age of a witness
Over 18
At least 16
Does marriage cancel an earlier will?
Yes, with some exceptions
No
1
England & Wales
Sign your will in the presence of two witnesses who are both over 18, and have them sign it in your presence. You and your witnesses must sign the same document. Both witnesses must have a clear view of you and the act of signing, and you must have a clear view of them and the act of signing. Your witnesses do not need to sign it at the same time as each other. You can ask someone to sign on your behalf if you are unable to do it.
2
Who can witness in England & Wales
You cannot leave your witnesses, or their married partners, anything in your will. Under section 15 of the Wills Act 1837, a gift to a witness, or to their husband or wife, is void so far as it concerns that person. The same applies where the gift is to a witness's civil partner. Section 1 of the Wills Act 1968 disregards a witness's signature where the will was properly executed without it. Choose witnesses who gain nothing from your will.
3
Scotland
You do not need a witness for a will to be legally valid. A will that is properly signed and witnessed is self-proving, which means a court will usually accept it without extra evidence that it is valid. To make it self-proving, sign it on every page, have a witness watch you sign at the bottom of the last page, and ask your witness to sign there too.
4
Who can witness in Scotland
Your witness must be at least 16 years old, able to understand and make decisions about your will, and someone who knows you. To reduce the risk of your will being challenged, your witness should not be someone who will benefit from the will, or someone related to a person who will benefit.
5
Northern Ireland
nidirect says there are various legal formalities to follow to make sure that your will is valid, and advises using a solicitor.
Under section 9 of the Wills Act 1837, in England and Wales your signature must be made or acknowledged in the presence of two or more witnesses who are present at the same time. Each witness then signs, or acknowledges their signature, in your presence, but not necessarily in the presence of the other witness. Presence by videoconference counted only for wills made on or after 31 January 2020 and on or before 31 January 2024. For a will you make now, have both witnesses with you in the room.
Step 6, Store it and tell people
1
Keep it safe
In England and Wales you can keep your will at home or store it with your solicitor, your bank, a company that offers the storage of wills, or the national probate registry in Newcastle. In Scotland you can keep it at home or store it with a solicitor, a bank, a company that offers will storage services, or Registers of Scotland's Register of Deeds. In Northern Ireland, if a solicitor makes your will, they will normally keep the original and send you a copy.
2
Tell your executors
Tell your executor, a close friend or relative where your will is.
3
Review it
Review your will every five years and after any major change in your life, such as separation, divorce, marriage, having a child or moving house.
4
Changing it in England & Wales
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 must sign and have witnessed in the same way as a will. For major changes, make a new will that says it revokes all previous wills and codicils.
5
Changing it in Scotland
Do not make changes by writing directly on an existing will. You can make a codicil or a new will. For a codicil to be valid you must sign it, and for it to be self-proving a witness must also sign it.
6
Marriage
In England and Wales, getting married cancels any will you made before. There are exceptions, including where the will shows you were expecting to marry a particular person and intended the will not to be cancelled by that marriage. In Scotland, getting married or entering a civil partnership does not cancel an existing will. If you divorce or end a civil partnership, anything you left to your former spouse or civil partner no longer applies.
In England and Wales you must be 18 or over, of sound mind and make your will voluntarily and in writing. You then sign it in front of two witnesses who are both over 18, and they sign it in your presence. In Scotland you can make a will from age 12 and you do not need a witness for a will to be legally valid, but signing it on every page and having a witness sign at the bottom of the last page makes it self-proving.
Can I write my own will without a solicitor?
You can write your will yourself, but you should get advice if your will is not straightforward. In Northern Ireland, nidirect says it is advisable to use a solicitor, as there are various legal formalities you need to follow to make sure that your will is valid.
Who can witness a will?
In England and Wales both witnesses must be over 18, and you cannot leave your witnesses, or their married partners, anything in your will. In Scotland your witness must be at least 16 years old, able to understand and make decisions about your will, and someone who knows you.
Where should I keep my will?
In England and Wales you can keep your will at home or store it with your solicitor, your bank, a company that offers the storage of wills, or the national probate registry in Newcastle. Tell your executor, a close friend or relative where your will is.
Know Your Rights UK. "How to Make a Will in the UK: Rules, Witnesses and Steps." Know Your Rights UK, https://www.knowyourrightsuk.com/wills/how-to-make-a-will