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How to Write a Will UK - Step-by-Step Guide, Legal Requirements and Costs 2026

How to Choose Beneficiaries, Executors and Property Heirs

How to Write a Will UK - Step-by-Step Guide, Legal Requirements and Costs 2026 Property & Real Estate Services

How to Write a Will UK - Step-by-Step Guide, Legal Requirements and Costs 2026

Learn how to write a legally valid will in the UK, choose executors and beneficiaries, protect your property, appoint guardians for children and understand inheritance tax and probate requirements.

Writing a will is one of the most important steps you can take to protect your family, property and financial assets after your death.

A legally valid will allows you to specify who should inherit your estate, who should administer your affairs and how your assets should be distributed. It can also help reduce uncertainty, prevent family disputes and make estate administration more straightforward.

Without a valid will, your estate will generally be distributed according to intestacy rules. These rules may not reflect your personal wishes, particularly if you have an unmarried partner, stepchildren, dependants or complex property ownership arrangements.

For homeowners and property investors, writing a will is particularly important because houses, flats, rental properties and other real estate assets can represent a substantial proportion of an estate.

Fraser Bond, a UK property agency and real estate consultancy, supports homeowners, property buyers, sellers, landlords and investors with residential property valuations, sales, acquisitions and real estate advisory services across London and the wider UK.

This guide explains how to write a will in England and Wales, the legal requirements for making it valid, what to include, whether you need a solicitor and how to protect inherited property.

What Is a Will?

A will is a legal document setting out how a person's estate should be dealt with after their death.

A will can identify beneficiaries, appoint executors, make specific gifts and provide instructions about how the estate should be distributed.

It may also appoint guardians for children under 18 and establish trusts for beneficiaries.

The person making the will is called the testator.

A properly drafted will can help ensure that assets pass according to the testator's wishes, subject to applicable law and any successful legal claims against the estate.

Why Is Writing a Will Important?

Writing a will provides greater control over what happens to your estate.

Important reasons include:

  • Choosing who inherits your money and property.

  • Protecting a spouse, civil partner or other dependants.

  • Providing for an unmarried partner.

  • Appointing guardians for minor children.

  • Naming trusted executors.

  • Making gifts to charities.

  • Planning for inheritance tax.

  • Setting up trusts where appropriate.

  • Reducing uncertainty during probate.

  • Clarifying how investment properties should be managed or transferred.

A will cannot necessarily prevent every inheritance dispute, but clear drafting can reduce avoidable confusion.

Can You Write Your Own Will in the UK?

Yes. In England and Wales, you can write your own will without using a solicitor.

However, the will must satisfy the legal requirements for validity.

A simple will may be suitable for someone with straightforward assets and family circumstances.

Professional legal assistance is particularly advisable if you own multiple properties, have a blended family, hold business assets, want to create a trust or anticipate a dispute.

How to Write a Will in the UK - Step by Step

Step 1 - Make a List of Your Assets

Start by identifying everything you own and anything that may form part of your estate.

This may include:

  • Your main residence.

  • Buy-to-let properties.

  • Savings and bank accounts.

  • Shares and investments.

  • Business interests.

  • Vehicles and valuable possessions.

  • Money owed to you.

You should also identify outstanding debts, including mortgages and personal loans.

An asset inventory helps your executors understand the estate, although it is usually better to keep changeable account details in a separate document rather than repeatedly rewriting your will.

Step 2 - Decide Who Will Inherit Your Estate

The people or organisations receiving gifts under your will are called beneficiaries.

Beneficiaries may include your spouse, civil partner, children, other relatives, friends or charities.

You can leave specific gifts, such as jewellery or a sum of money, and decide who receives the remainder of your estate.

This remainder is known as the residuary estate.

It is important to specify what should happen if a beneficiary dies before you.

Step 3 - Choose Your Executors

Executors are responsible for administering your estate after your death.

Their duties may include:

  • Identifying and valuing assets.

  • Applying for probate where necessary.

  • Paying outstanding debts and taxes.

  • Selling or transferring property.

  • Distributing inheritances.

  • Keeping estate administration records.

Choose someone trustworthy, organised and willing to undertake the responsibility.

You can appoint more than one executor and name replacements.

Step 4 - Appoint Guardians for Children

If you have children under 18, your will can appoint testamentary guardians.

You should discuss the responsibility with the people you intend to appoint.

A guardianship appointment does not necessarily override the legal rights of a surviving parent with parental responsibility.

Step 5 - Decide What Happens to Your Property

If you own a house or flat, consider whether you want it sold, transferred to a beneficiary or held under a trust.

The type of ownership is particularly important.

Property ownership

What it means for your will

Sole ownership

You can generally direct who inherits the property, subject to legal claims and liabilities

Beneficial joint tenancy

Your interest normally passes automatically to the surviving joint owner

Tenants in common

Your beneficial share can generally pass under your will

Property with a mortgage

The outstanding debt and lender's rights must be considered

Investment property

Rental income, management and tax arrangements may require additional planning

For jointly owned property, check the legal title and beneficial ownership before drafting the will.

Step 6 - Consider Trusts and Special Arrangements

A trust may be appropriate where you want to provide for children, vulnerable beneficiaries or family members while controlling how assets are managed.

Trusts can be complex and may have separate tax and administrative consequences.

Professional legal advice is recommended before creating one.

Step 7 - Write the Will Clearly

A straightforward will normally identifies:

  1. Your full name and address.

  2. A statement that the document is your will.

  3. Revocation of earlier wills, where appropriate.

  4. Your executors.

  5. Any guardians.

  6. Specific gifts.

  7. The beneficiaries of the residuary estate.

  8. Any necessary alternative arrangements.

  9. The signing and witnessing provisions.

Avoid ambiguous wording, contradictory gifts and informal amendments.

Step 8 - Sign the Will Correctly

This is one of the most important stages.

For a conventional will in England and Wales, you must generally:

  • Be at least 18.

  • Make the will voluntarily.

  • Have the necessary mental capacity.

  • Put the will in writing.

  • Sign or acknowledge your signature in the presence of two witnesses who are both present at the same time.

  • Have the witnesses sign or acknowledge their signatures in your presence.

The witnesses should be independent adults. A beneficiary, or their spouse or civil partner, should not witness the will because this can invalidate the relevant gift.

 
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Step 9 - Store the Original Will Safely

The original signed will should be kept somewhere secure and accessible.

Options include storage with a solicitor, a professional will-storage provider or the Probate Service.

Tell your executors where the original document is located.

Step 10 - Review the Will Regularly

Review your will following major life changes, including marriage, divorce, the birth of a child, a property purchase or the death of a beneficiary.

Changes should be made through a properly executed codicil or a new will, rather than informal handwritten alterations.

Example of a Simple Will in the UK

The following is an illustrative structure showing the types of provisions commonly included in a straightforward will. It is not a ready-to-sign legal will, and should not be used without checking that it suits your circumstances and meets all legal requirements.

Last Will and Testament of [Full Name]

I, [Full Name], of [Full Address], declare this to be my last will and testament.

Revocation of Previous Wills

I revoke all previous wills and codicils made by me.

Appointment of Executors

I appoint [Executor's Full Name] of [Address] to act as the executor of my estate.

If this person is unable or unwilling to act, I appoint [Replacement Executor's Full Name].

Specific Gifts

I give [description of asset or amount] to [Beneficiary's Full Name].

Residuary Estate

After payment of my debts, funeral expenses, taxes and administration costs, I give the remainder of my estate to [Beneficiary's Full Name].

If that beneficiary dies before me, I direct that the remainder passes to [Alternative Beneficiary].

Guardianship

If applicable, I appoint [Guardian's Full Name] as guardian of my minor children, subject to applicable law.

Execution

Signed by [Full Name] as their last will in the presence of two witnesses present at the same time, who then sign in the testator's presence.

Space would be provided for the testator's signature and the witnesses' signatures, names and addresses.

For an actual will, the precise wording should be professionally reviewed, particularly where children, trusts, property interests or inheritance tax are involved.

How Much Does It Cost to Write a Will in the UK?

The cost depends on the complexity of the estate and the service used.

Method

Indicative cost

Writing your own will

Little or no drafting cost

Basic online will-writing service

Approximately £30–£150

Straightforward solicitor-drafted will

Approximately £150–£400 or more

Complex will involving trusts or multiple properties

Often several hundred pounds or more

These are broad illustrative ranges, not fixed or verified current quotations. Ask providers for a written quote and confirm whether VAT, storage and later amendments are included.

How to Write a Will for a House or Property

Homeowners should consider more than simply naming a beneficiary.

Important questions include whether the property is jointly owned, whether a mortgage remains outstanding, whether a surviving partner needs somewhere to live and whether the property should be sold.

Leaving a House to Your Children

You can generally leave a solely owned property to your children.

However, the inheritance may be affected by debts, inheritance tax, claims against the estate and any trusts created under the will.

If your children are minors, you should consider how their inheritance will be managed until they reach the relevant age.

Leaving Property to an Unmarried Partner

Unmarried partners do not have the same automatic inheritance rights under intestacy rules as spouses and civil partners.

A properly drafted will is particularly important if you want an unmarried partner to inherit your property or receive a defined share of your estate.

Leaving Buy-to-Let Property

Landlords should consider how rental properties will be managed during estate administration.

The executors may need to deal with existing tenancies, maintenance, insurance, mortgage obligations and rental income before distributing the assets.

Inheritance Tax When Writing a Will

Inheritance tax planning can influence how an estate is structured.

For 2026–2027, the standard inheritance tax nil-rate band is £325,000.

An additional residence nil-rate band of up to £175,000 may apply where a qualifying home passes to direct descendants and the relevant conditions are met.

Unused allowances may be transferable between spouses and civil partners in qualifying circumstances.

The standard inheritance tax rate is 40% on the taxable portion of an estate, although exemptions and reliefs may reduce the amount payable.

 
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Does Marriage Cancel an Existing Will?

In England and Wales, marriage or civil partnership generally revokes an existing will unless an applicable exception applies, such as a will made in contemplation of that specific marriage or civil partnership.

This means couples should review their wills before and after marriage.

Divorce has a different effect. It generally causes certain provisions relating to the former spouse to be treated as though that person had died, rather than automatically revoking the entire will.

Can You Change a Will After Signing It?

Yes.

You can make a new will or, where appropriate, execute a codicil.

A codicil is a formal document that changes provisions in an existing will.

It must satisfy the relevant execution requirements.

For significant changes, making a new will is often clearer than adding multiple codicils.

What Happens if You Die Without a Will?

If you die without a valid will, your estate is generally distributed under the intestacy rules.

In England and Wales, these rules prioritise certain relatives according to their legal relationship to the deceased.

Unmarried partners do not automatically inherit under the intestacy rules.

The outcome can be especially complicated for blended families, jointly owned properties and estates containing substantial assets.

Do You Need Probate if You Have a Will?

Possibly.

A will does not automatically remove the requirement for probate.

Executors may need a Grant of Probate to deal with solely owned property, substantial bank accounts or other assets.

However, some jointly owned assets may pass directly to surviving owners without a grant.

The requirements depend on the estate's assets and how they were held.

 
GOV.UK

Common Mistakes When Writing a Will

Common problems include failing to sign the will correctly, using beneficiaries as witnesses, overlooking the residuary estate and failing to provide alternative beneficiaries.

Other mistakes include assuming jointly owned property can always be gifted through a will, using ambiguous language and failing to update the document after major life changes.

For complex estates, these mistakes can result in disputes, additional legal costs or an outcome different from what the testator intended.

Frequently Asked Questions About Writing a Will

Can I write my own will without a solicitor?

Yes, provided it meets the relevant legal requirements. Professional advice is recommended for complicated estates.

Is a handwritten will legal in the UK?

A handwritten will can be legally valid in England and Wales if it meets the applicable requirements, including proper signing and witnessing.

Can I write a will online?

Yes, but the resulting will must still be executed in accordance with the law. Completing an online form alone does not necessarily make it valid.

Do I need two witnesses for my will?

Generally, yes, for an ordinary will in England and Wales.

Can my children witness my will?

Children who are beneficiaries should not witness the will because their gifts may be invalidated.

Can I leave everything to one person?

Generally, yes, but eligible dependants or relatives may have rights to make claims against the estate in certain circumstances.

Can I exclude a family member from my will?

You can express your wishes about inheritance, but excluding someone does not necessarily prevent a legal claim.

Can I leave my house to someone who is not related to me?

Yes, subject to your ownership rights, estate liabilities and applicable law.

Does a will need to be registered?

There is no general requirement to register a will in England and Wales, although secure storage and making its location known are important.

Is a will valid in Scotland and Northern Ireland?

Different

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