How to Write a Will

Writing a will is one of the more important pieces of paperwork most people will ever put together, yet a large proportion of adults in the UK have not made one. This guide sets out what a valid will actually needs, the decisions you will need to make along the way and when professional advice is worth having on side.

What makes a will legally valid

For a will to hold up under English and Welsh law, it needs to meet a handful of conditions. You must be over eighteen and have the mental capacity to make it, which means understanding what a will does, broadly what you own and who might reasonably expect to benefit. The document must be in writing, signed by you and witnessed by two people who are present at the same time. Witnesses should not be beneficiaries or married to a beneficiary; this does not make the will invalid, but any gift to that witness would fail. Missing any one of these points can leave a will open to challenge or treated as invalid altogether, which is why advice from our wills solicitors at the drafting stage tends to save far more time than it costs.

Deciding who inherits

Before any drafting begins, it helps to work out who should benefit from your estate and in what proportions. Many people leave the bulk of their estate to a spouse or children, though blended families, stepchildren and long term partners who are not married often need more specific wording to be protected. If you want to leave a gift to a charity or a friend outside your immediate family, this needs to be set out clearly too, since general assumptions in your will can be read differently than you intended.

Choosing your executors

Your executors are the people responsible for administering your estate once you have died, so choose people you trust to handle paperwork, deal with HMRC and the Probate Registry and act fairly between beneficiaries. It is common to name two executors, and a professional executor can be appointed alongside a family member where an estate is likely to be complex, for example where there is a business, property abroad or a trust involved.

Signing and storing your will

Once your will is drafted, signing it correctly in front of two witnesses is what makes it valid, so this step should not be rushed or done alone. After signing, keep the original somewhere safe and tell your executors where it is kept. Advice on drafting and storing a will properly also covers options such as solicitors' deed storage, which avoids a will being lost or damaged at home.

Why get advice from a solicitor

Templates and online will writing services can look like a quick option, but mistakes in wording, witnessing or execution are common and are not always obvious until it is too late to correct them. Advice from a solicitor also flags issues you may not have thought about, such as inheritance tax planning, provision for a disabled beneficiary or how a will interacts with a trust. Talking through your circumstances with our wills team is a good first step if any of this applies to you.

Frequently Asked Questions

Do I need a solicitor to write a will?

No, but a solicitor reduces the risk of errors in wording, witnessing or execution that could make a will invalid or open to a challenge later. Many people find professional advice particularly worthwhile once their estate or family circumstances become more than straightforward.

Can I write my own will at home?

Yes, provided you meet the legal requirements around capacity, wording, signing and witnessing. Home made wills are more likely to contain mistakes, so many people choose to have a solicitor check or draft the document instead.

What happens if my will is not witnessed correctly?

A will that is not witnessed correctly is usually treated as invalid, meaning your estate could be distributed under intestacy rules rather than your wishes. Correct witnessing is one of the most common reasons home made wills fail.

How Roche Legal Can Help

If you are ready to put a will in place or want an existing one reviewed, book a discovery call with our team to talk through your circumstances.

Roche Legal is a firm of solicitors in England and Wales, and the information on our website is based on the law here. We regularly advise on estates with assets, beneficiaries or family overseas, so please do get in touch if that's your situation.