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How to Write a Will: A Step-by-Step Guide for England and Wales

The legal requirements, the practical steps, and the mistakes that most often make a will fail, explained in plain terms.

10 min read · Written by the Fairchild Oldfield team · Last reviewed: June 2026

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A will in England and Wales must be signed in the presence of two independent witnesses, both aged 18 or over, who then sign in your presence. Get the witnessing wrong and the will can be invalid.
Source: gov.uk, make sure your will is legal, as at June 2026, subject to change.

Writing a will means setting out, in a signed and properly witnessed document, who inherits your money, property and possessions after you die, who looks after any children, and who administers your estate.

In England and Wales a will has to meet a short list of legal conditions to be valid, and small errors, especially around signing and witnessing, are a common reason a will fails. This guide walks through what a valid will needs, the steps involved, and where it can be worth taking advice. It sits within our wider estate planning guide. Figures are current as at June 2026 and are subject to change.

What makes a will legally valid?

For a will to be legally valid in England and Wales, you must be 18 or over, make it voluntarily, be of sound mind, put it in writing, sign it in the presence of two witnesses who are both over 18, and have those two witnesses sign it in your presence (gov.uk, as at June 2026, subject to change). Miss any of these and the document may not take effect as a will.

  • Age. You need to be 18 or over (limited exceptions apply, for example some serving military personnel).
  • Capacity. You must be of sound mind and understand what you are signing and its effect.
  • Free choice. The will must be made voluntarily, without pressure from anyone else.
  • In writing and signed. It has to be a written document that you sign.
  • Witnessed. Two witnesses aged 18 or over must watch you sign, then sign themselves while you watch.

The process

How to write a will, step by step

I

List what you own

Note property, savings, investments, pensions with nominations, and personal items, along with any debts.

II

Decide who benefits

Choose your beneficiaries, any specific gifts, guardians for children, and what happens if someone dies before you.

III

Appoint executors

Name one or more people you trust to carry out your wishes and deal with the estate.

IV

Draft the will

Set it out clearly in writing, yourself, through a template, or with a professional, depending on how complex your affairs are.

V

Sign and witness

Sign in front of two independent adult witnesses, who then sign in your presence.

VI

Store it safely

Keep the original somewhere secure and tell your executors where to find it.

The step people get wrong

Witnessing: the detail that voids wills

Witnessing is where homemade wills most often go wrong. You and both witnesses need to be together when the will is signed, and a witness (or a witness's married partner or civil partner) cannot inherit anything under the will (gov.uk, as at June 2026, subject to change). Choosing a beneficiary as a witness does not usually void the whole will, but it can cost that person their gift.

RequirementWhat it means
Two witnessesBoth aged 18 or over, present at the same time
They watch you signYou sign the will while both witnesses observe
They sign tooEach witness signs while you watch
Not a beneficiaryA witness or their spouse or civil partner cannot inherit under the will

Source: gov.uk, make sure your will is legal, as at June 2026, subject to change.

A common trap

£0

The amount a witness (or their husband, wife or civil partner) can inherit under the will they witnessed. Asking a beneficiary to act as a witness can leave that person with nothing, even where the rest of the will still stands.

What happens if you do not write a will?

If you die without a valid will, the rules of intestacy decide who inherits, and the result may not match your wishes. Unmarried partners and step-children who were never legally adopted receive nothing under those rules (gov.uk, intestacy rules, as at June 2026). Where a married person leaves a spouse and children, the surviving spouse or civil partner receives the personal possessions, a fixed statutory legacy of £322,000, and half of anything above that, with the other half shared between the children (gov.uk, HMRC manual, statutory legacy £322,000 from 26 July 2023, as at June 2026, subject to change).

Intestacy is the state's default will. It rarely matches what a family would have chosen, and it cannot provide for an unmarried partner.
A worked example (illustration only). Priya dies without a will, leaving her partner of 15 years (they never married) and an estate of £500,000. Because they were not married, her partner has no automatic entitlement under intestacy. Instead the estate passes to Priya's blood relatives under the statutory order, and her partner may be left having to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 to seek any provision at all. A valid will naming her partner would have avoided that uncertainty. Every estate is different, and this is general information rather than advice on any particular situation.

A will is a foundation, not the whole plan

Writing a will deals with who inherits, but on its own it does little about mental capacity, care costs or inheritance tax. Many people pair a will with a lasting power of attorney and, where relevant, consider the tax position. Inheritance tax is charged at a standard 40% on the part of an estate above the available tax-free thresholds, with a reduced 36% rate where at least 10% of the net estate passes to charity (gov.uk, as at June 2026, subject to change). Whether that affects your estate depends on its value and who inherits, which is covered in our Inheritance Tax explained guide.

  • The nil-rate band is £325,000 per person.
  • The residence nil-rate band adds up to £175,000 where a home passes to children or grandchildren.
  • Combined, a married couple or civil partners may pass on up to £1,000,000 before inheritance tax.

Thresholds source: gov.uk/inheritance-tax, frozen until the end of the 2030-31 tax year (5 April 2031) (gov.uk), as at June 2026, subject to change.

Your options

Who should write your will?

There is no legal requirement to use a solicitor. The right route depends on how straightforward your affairs are.

Updating or changing a will

Once a will is signed and witnessed, you cannot simply amend it by crossing things out. To change a will you make an official alteration called a codicil, which is signed and witnessed in the same way, or you write a new will that revokes the old one (gov.uk, updating your will, as at June 2026). Marriage or a new civil partnership generally revokes an earlier will in England and Wales unless the will was made in contemplation of that marriage, so reviewing your will after a major life change is something many people choose to do.

Writing a will in Scotland and Northern Ireland

This guide describes the law of England and Wales. The other UK nations differ. Scotland has its own rules, including a valid will generally needing only one witness, and legal rights that can entitle a spouse and children to a fixed share of the estate whatever the will says. Northern Ireland has a separate but broadly similar system to England and Wales, including the two-witness requirement. If your affairs cross more than one UK jurisdiction, it can be worth taking advice in each.

Frequently asked questions

Can I write my own will in the UK?

Yes. There is no legal requirement to use a solicitor, and a will you write yourself is valid if it meets the legal conditions, being 18 or over, of sound mind, in writing, and signed before two adult witnesses who also sign. Homemade wills are generally suited to very simple estates, because errors in wording or witnessing can cause serious problems after death.

Do I need a solicitor to write a will?

Not always. Simple wills can be made without one, but a solicitor or a STEP practitioner is often involved where there are trusts, second marriages, business interests, foreign assets, or inheritance tax to consider. Where the stakes are high, many people choose professional input rather than relying on a template, because mistakes can be expensive to unpick later.

How many witnesses does a will need?

In England and Wales a will needs two witnesses, both aged 18 or over, who watch you sign and then sign it themselves in your presence (gov.uk, as at June 2026). A witness, or their husband, wife or civil partner, cannot inherit under the will. Scotland generally requires only one witness, so the rules differ across the UK.

What happens if I die without a will?

The rules of intestacy decide who inherits, which may not reflect your wishes. Unmarried partners inherit nothing under those rules. Where there is a spouse and children, the spouse receives the personal possessions, a fixed statutory legacy of £322,000, and half of the remainder, with the children sharing the rest (gov.uk, as at June 2026, subject to change). A valid will lets you set your own terms instead.

Does marriage cancel my will?

Generally, yes. In England and Wales getting married or forming a civil partnership usually revokes an earlier will, unless that will was made in contemplation of the marriage. Divorce does not automatically revoke a will, but it changes how gifts to a former spouse are treated. Because these rules can catch people out, reviewing a will after a major life event is often sensible.

How much does it cost to write a will?

Costs range widely, from a low-cost template to a bespoke solicitor-drafted will with trusts. A single figure is rarely meaningful without knowing what is involved, so comparing what is included matters. Our guide on how much a will costs looks at the typical ranges, and many providers set out fees before any work begins.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at June 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

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