Writing a will

A will (formally a "last will and testament") is a legal document that sets out what you want to happen to your money, property, and possessions after you die. It can also name guardians for any children under 18 and set out wishes about your funeral.

For a will to be legally valid in England and Wales, it must be in writing, signed by you in the presence of two witnesses, and signed by those witnesses in your presence. Both witnesses must be present at the same time. Witnesses (and their spouses or civil partners) cannot benefit from the will.

Dying without a will means dying "intestate". Your estate is then distributed according to the Rules of Intestacy, a fixed legal framework that may not reflect your wishes.

Under intestacy rules, your estate passes to close relatives in a strict order: spouse or civil partner first, then children, then other relatives. Unmarried partners receive nothing, regardless of how long you have been together. Neither do friends, charities, or stepchildren who have not been formally adopted.

If you have no surviving relatives, your estate passes to the Crown.

A well-drafted will typically covers:

• Executor. The person or people responsible for carrying out your wishes and administering your estate.
• Beneficiaries. Who inherits what, including specific gifts and the residue (what remains after specific gifts and debts).
• Guardians. Who you wish to care for any children under 18 if both parents die.
• Trusts. If you want to hold assets for children until they reach a certain age.
• Funeral wishes. Burial or cremation preferences. Note: these are not legally binding, but most families follow them.

There are three main options:

Solicitor. The most reliable option for most people. A solicitor will ask the right questions, identify issues you might not have considered, and ensure the will is properly executed. Costs typically range from £150–£300 for a single will, or £250–£500 for mirror wills (a pair for couples).

Will-writing service. Specialist will-writers can be cheaper than solicitors, but standards vary. If you use one, check they are members of The Society of Will Writers or the Institute of Professional Willwriters, which have codes of conduct.

Online will service. Services such as Farewill or Wills Online let you create a basic will for £50–£90. These work well for simple estates. If your situation is complex (blended family, business interests, overseas assets), use a solicitor.

A will should be reviewed whenever your circumstances change significantly: marriage (which automatically revokes a previous will in England and Wales), divorce, the birth of children or grandchildren, a major change in assets, or the death of a beneficiary or executor.

Store your will somewhere safe and make sure your executor knows where it is. You can register your will with the National Will Register (Certainty) so it can be found after your death.