How to Write a Will UK Guide (DIY vs Solicitor, Costs, Legal Requirements)

Legal Requirements for a Valid Will in the UK

For a will to be legally valid in England, Wales, Northern Ireland, or Scotland (which has slightly different rules), it must meet specific legal requirements. England and Wales: you must be 18 or over (16 in Scotland), of sound mind, and the will must be in writing (typed or handwritten). Your signature must be made in the presence of two independent witnesses who are both present at the same time. They must then sign the will in your presence. Witnesses cannot be beneficiaries or married to beneficiaries (otherwise they lose their entitlement). Scotland has different rules — only one witness is needed, and the will does not need to be signed in their presence (but it is advisable). Northern Ireland follows England and Wales rules. Sound mind — you must understand the nature and effect of making a will, the extent of your property, and the claims of people who might expect to benefit from it. If there are concerns about your mental capacity at the time of writing, a doctor's letter confirming capacity is advisable. Marriage or civil partnership revokes an existing will unless it was made in contemplation of that marriage. Divorce or dissolution does not revoke a will but removes the ex-spouse/ex-civil partner as a beneficiary and executor (in England and Wales).

DIY Will Kits vs Solicitor-Written Wills

DIY will kits — available from WHSmith, Amazon, Ryman, Waterstones, and online providers like Farewill or Which?. Costs range from approximately £10–£50 for a basic kit, or online services from £20–£90. DIY kits include pre-printed forms with instructions. They are suitable for people with straightforward estates: one property, a few bank accounts, no complex family arrangements, and no inheritance tax concerns. Risks of DIY wills — mistakes in wording, improper witnessing, unclear instructions, and failure to address inheritance tax can make your will invalid or lead to disputes after your death. The FCA does not regulate will-writing services (though the Legal Ombudsman can handle complaints). Solicitor-written wills — cost approximately £200–£500 + VAT for a single will, or £300–£700 for mirror wills (for couples). Solicitors provide tailored advice on inheritance tax, trust creation, protecting assets from care home fees, and ensuring your will is valid and up-to-date. When to use a solicitor: you have children from previous relationships, you own a business, you have assets over the inheritance tax threshold (£325,000 for 2026/27), you want to create trusts, you have property abroad, or you want to disinherit someone (which requires a "letter of wishes" explaining why).

Choosing Executors and Guardians

Your will must name executors — the people responsible for administering your estate after your death. Executors handle collecting assets, paying debts and taxes, distributing inheritance to beneficiaries, and dealing with any legal issues. You can appoint up to 4 executors (the legal limit is 4 for applying for probate). Common choices: your spouse or partner, adult children, a trusted friend, a solicitor, or a professional executor (like a bank's trust corporation). Benefits of a professional executor: expertise in probate and estate administration, impartiality, and shielding family from complex paperwork. Drawbacks: they charge fees (typically 1–5% of the estate value). Most people appoint a mix of family members and a professional. If you have children under 18, you should appoint legal guardians in your will. Guardians are responsible for raising your children if both parents die. Discuss this with the chosen guardians first. You can also leave instructions about how children should be raised (e.g., religious upbringing, schooling preferences). The will can also set up a trust for children to hold their inheritance until they reach a specified age (typically 18–25).

Inheritance Tax Planning Through Your Will

A well-drafted will can significantly reduce your Inheritance Tax (IHT) bill. IHT is charged at 40% on estates valued over the nil-rate band of £325,000 (2026/27 rate). There is also the residence nil-rate band (up to £175,000 for 2026/27) if you leave your main home to direct descendants (children, grandchildren). A married couple or civil partners can pass assets between each other entirely IHT-free, and the surviving partner can inherit the deceased's unused nil-rate bands (potentially up to £1 million combined allowance). Will strategies to reduce IHT include: leaving assets to charity (reduces IHT rate to 36% if you leave at least 10% of your estate to charity), setting up a discretionary trust (protects assets from IHT and care home fees), using annual gift allowances (you can gift £3,000 per year IHT-free, plus small gifts of up to £250 per person), and making gifts from surplus income (regular gifts from income that do not affect your lifestyle are immediately IHT-free). A solicitor specialising in estate planning is essential for effective IHT planning. The HMRC requires executors to submit a full estate valuation and IHT account within 12 months of death.

Updating and Storing Your Will

A will is not a "write once and forget" document. You should review your will regularly — every 3–5 years or after major life events. Events that require a will update include: marriage or civil partnership (automatically revokes an existing will unless it was made in contemplation), divorce or dissolution (does not revoke the will but removes the ex-spouse from it), birth of children or grandchildren, purchase or sale of property, significant change in assets, death of an executor or beneficiary, or a change in tax law that affects your estate. To update your will, you can either: add a codicil (a formal amendment document — simple but must follow the same witnessing rules) or write a new will (recommended for major changes). Storage: keep your will in a safe place. Options include: with your solicitor (they usually hold the original), with a bank (safe deposit box — though access can take time after death), or with the Probate Service (you can deposit your will for safekeeping for a one-off fee). Tell your executors where the will is stored. Do not store your will in a home safe that executors cannot access without probate. The original signed will is required for probate — copies are not legally sufficient.

FAQs

How much does it cost to write a will in the UK?

DIY will kits cost £10–£90. Online will-writing services cost £20–£200. Solicitor-written wills cost £200–£500 + VAT per will. Mirror wills (for couples) cost £300–£700. Professional executors charge 1–5% of estate value.

Can I write my own will without a solicitor?

Yes, you can write your own will using a DIY kit or online service, provided it meets legal requirements (written, signed, witnessed by two independent people). However, complex estates, inheritance tax concerns, or blended families warrant a solicitor's advice.

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

You die intestate. The Intestacy Rules dictate who inherits: your spouse inherits the first £322,000 (2026/27) plus personal possessions and half the remaining estate. Children inherit the other half. Unmarried partners, step-children, and friends inherit nothing.

How do I change my will?

Use a codicil for minor changes (signed and witnessed like the original will) or write a new will for major changes. Marriage automatically revokes an existing will. Divorce does not revoke the will but removes the ex-spouse as a beneficiary.

Who should I choose as executor of my will?

Choose someone trustworthy and organised. Common choices: spouse or partner, adult children, a trusted friend, or a professional (solicitor or bank). You can appoint up to 4 executors. Discuss the role with them before naming them in your will.