Making a Will UK - How to Write a Will, Costs and Property Inheritance Guide 2026

Understand how to make a legally valid will in the UK, what to include, how much it costs and how to protect your property, savings and family inheritance.

Making a will is an important part of financial and estate planning. A legally valid will allows you to explain how your property, money, possessions and other assets should be distributed after your death.

Without a valid will, your estate may be distributed according to statutory inheritance rules rather than your personal wishes.

This can create complications for unmarried partners, children, relatives and anyone who depends on your financial support.

For homeowners and property investors, making a will is particularly important because residential property may represent a substantial proportion of the estate.

A carefully prepared will can help clarify who should inherit a family home, what should happen to investment properties and who will be responsible for administering the estate.

Fraser Bond, a UK property agency and real estate consultancy, supports buyers, sellers, landlords and investors with residential property transactions, lettings and property management across London and the wider UK.

This guide explains how to make a will, the legal requirements, common costs, inheritance considerations and important estate planning issues for UK property owners.

What Is a Will?

A will, also known as a last will and testament, is a legal document that sets out how a person's estate should be administered and distributed after their death.

A will can identify beneficiaries, appoint executors, make arrangements for particular assets and express wishes concerning guardianship of minor children.

The estate may include residential property, savings, investments, personal possessions and other assets owned by the deceased.

A will generally takes effect upon death.

It does not ordinarily transfer ownership of assets while the person making it is alive.

Why Is Making a Will Important?

Making a will provides an opportunity to decide who should inherit your estate.

It can also reduce uncertainty for family members and help executors understand your intentions.

Common reasons for making a will include:

• Deciding who inherits your home.

• Providing for a spouse, civil partner or unmarried partner.

• Making arrangements for children.

• Appointing trusted executors.

• Leaving gifts to relatives, friends or charities.

• Addressing ownership of investment properties.

• Establishing appropriate trust arrangements.

• Reducing the likelihood of disputes over your estate.

A will does not eliminate every potential inheritance dispute, but clear and legally effective drafting can reduce avoidable uncertainty.

How to Make a Will in the UK

Making a will involves identifying your assets, deciding who should inherit them and ensuring the document meets the relevant legal requirements.

Step 1 - List Your Assets and Liabilities

Begin by identifying the assets that form part of your estate.

These may include your home, buy-to-let properties, bank accounts, savings, investments, vehicles, valuable possessions and business interests.

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

Understanding your estate's approximate value helps with inheritance planning.

Step 2 - Choose Your Beneficiaries

Beneficiaries are the individuals or organisations that will receive assets under your will.

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

You can leave specific items, fixed sums of money or a share of your remaining estate.

Step 3 - Appoint Executors

Executors are responsible for administering your estate after death.

Their duties can include collecting assets, settling debts, dealing with tax obligations and distributing inheritance.

Choose people who are trustworthy and capable of handling financial and administrative responsibilities.

You can appoint professional executors, although fees may apply.

Step 4 - Decide Who Should Look After Your Children

Parents with children under 18 can use a will to appoint testamentary guardians.

Such appointments are subject to applicable family law rules and do not automatically override the rights of another person with parental responsibility.

Step 5 - Decide How Your Property Should Be Inherited

If you own residential or investment property, consider who should inherit it and whether it should be retained or sold.

Your options depend on the legal and beneficial ownership arrangements.

Step 6 - Have Your Will Professionally Drafted or Reviewed

You can prepare a simple will yourself, but professional advice is recommended where your circumstances are complicated.

This is particularly important if you own multiple properties, have a blended family, hold overseas assets or want to establish a trust.

Step 7 - Sign and Witness Your Will Correctly

The will must be executed according to the legal requirements of the relevant UK jurisdiction.

Failure to comply can make the will invalid.

Step 8 - Store Your Will Safely

Keep the original signed will in a secure location.

Tell your executors where it is stored and how they can obtain it.

Legal Requirements for Making a Will in England and Wales

Under the Wills Act 1837, a valid will must satisfy specific formalities.

Generally, the person making the will must be at least 18, have the necessary mental capacity and act voluntarily.

The will must be in writing and signed or acknowledged by the person making it in the presence of two witnesses who are present at the same time.

The witnesses must then sign or acknowledge their signatures in the presence of the person making the will.

Beneficiaries and their spouses or civil partners should not act as witnesses because this can invalidate gifts to them.

Can You Write Your Own Will?

Yes.

There is no general requirement to employ a solicitor to prepare a will.

A straightforward will can be written independently, provided it meets the relevant legal requirements.

However, mistakes can create serious consequences.

Ambiguous wording, incorrectly witnessed signatures or unclear property ownership arrangements may lead to disputes or unintended distributions.

Professional drafting is particularly advisable for complex estates.

How Much Does Making a Will Cost?

The cost depends on the method used and the complexity of your estate.

These are illustrative market ranges, not fixed statutory fees or verified quotations. Some providers charge considerably more.

Ask for a written quotation that explains whether VAT, storage, amendments and additional advice are included.

Making a Will Without a Solicitor

Some people choose an online will-writing service or a DIY template.

This may be suitable for a straightforward estate with uncomplicated inheritance arrangements.

However, the document must still comply with the legal rules.

A digital drafting service does not automatically make a will legally valid.

In England and Wales, ordinary wills still require the applicable signing and witnessing formalities.

What Happens If You Die Without a Will?

Dying without a valid will is known as dying intestate.

Your estate will generally be distributed under the applicable intestacy rules.

In England and Wales, these rules prioritise certain family members, including spouses, civil partners and children.

An unmarried partner does not automatically inherit under the intestacy rules simply because the couple lived together for many years.

This can create significant problems where the couple shared a home but only one partner legally owned it.

Making a Will When You Own a House

Property ownership is an important consideration when drafting a will.

The way your property is legally owned can determine whether it passes under your will.

Joint Tenants

Where a property is owned as joint tenants, the deceased owner's interest normally passes automatically to the surviving joint owner.

This happens through the right of survivorship.

The property does not ordinarily pass under the deceased owner's will.

Tenants in Common

Where a property is owned as tenants in common, each owner has a separate beneficial share.

That share can generally be left to a beneficiary through a will.

This arrangement may be useful where couples wish to leave their respective shares to children or other beneficiaries.

Can You Leave Your House to Your Children?

Yes, subject to the nature of your ownership and any applicable legal restrictions.

A homeowner may leave a property or their beneficial share to one or more children.

However, the inheritance may be affected by an outstanding mortgage, other liabilities or claims against the estate.

Where children are under 18, suitable trust arrangements may be required.

Can You Leave a Mortgaged Property in Your Will?

Yes.

A property does not have to be mortgage-free to form part of your estate.

However, the mortgage debt does not disappear when the borrower dies.

The executors and beneficiaries may need to arrange repayment, refinancing or a sale.

A beneficiary who inherits a property subject to a mortgage should not assume the lender will automatically transfer the existing mortgage into their name.

Making a Will for Buy-to-Let Properties

Landlords and property investors should consider how rental properties will be managed after death.

A will can identify who should inherit the properties or their sale proceeds.

However, executors may need to deal with ongoing tenancy agreements, rental income, repairs, insurance, mortgages and tax liabilities during estate administration.

For larger portfolios, professional estate planning can help clarify succession arrangements.

Making a Will for Unmarried Couples

Unmarried couples should pay particular attention to estate planning.

In England and Wales, cohabitation does not automatically create the same inheritance rights as marriage or civil partnership.

If one partner dies without a will, the surviving partner may receive nothing under the intestacy rules, although separate claims may sometimes be possible.

A will can help protect the surviving partner by setting out intended inheritance arrangements.

Making a Will for Married Couples and Civil Partners

Married couples and civil partners generally have important inheritance rights.

However, making a will remains useful because it allows the couple to specify how assets should pass.

Couples may prepare separate wills containing similar provisions, commonly called mirror wills.

Mirror wills are not necessarily binding on the surviving partner, who may be able to change their will later.

Does Marriage Cancel an Existing Will?

In England and Wales, marriage or civil partnership generally revokes an earlier will unless it was made in contemplation of that particular marriage or civil partnership and satisfies the relevant legal requirements.

Divorce or dissolution has different consequences and does not simply operate in the same way as marriage.

It is important to review your will after major relationship changes.

Making a Will After Divorce

Divorce can significantly affect estate planning.

A person may wish to reconsider beneficiaries, executors, guardianship arrangements and property inheritance.

In England and Wales, divorce generally affects gifts and executor appointments involving a former spouse as though that person had died, subject to the relevant rules.

However, it is safer to review and update the will rather than assume it continues to reflect your wishes.

Making a Will and Inheritance Tax

Inheritance Tax may apply when an estate exceeds the available tax-free allowances.

For the 2026–27 tax year, the standard 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.

The residence nil-rate band is subject to conditions and tapering for larger estates.

Unused allowances may be transferable between spouses and civil partners, potentially allowing qualifying estates to benefit from combined allowances of up to £1 million.

Inheritance Tax Thresholds

These figures do not mean every estate automatically qualifies for the maximum allowance.

Inheritance Tax is generally charged at 40% on the taxable portion of an estate, subject to exemptions and reliefs.

A reduced rate of 36% may apply where the relevant charitable giving conditions are met.

Can Making a Will Reduce Inheritance Tax?

Potentially.

A carefully structured will can help make effective use of available exemptions and reliefs.

However, simply writing a will does not automatically reduce an estate's tax liability.

Tax planning should account for property values, lifetime gifts, family circumstances and applicable inheritance tax rules.

Professional advice is particularly important for substantial property portfolios.

What Is a Trust in a Will?

A will trust is an arrangement under which assets are held and managed by trustees for beneficiaries.

Trusts may be used to provide for children, vulnerable beneficiaries or particular family circumstances.

For example, a parent may wish to leave assets for a child while appointing trustees to manage the inheritance until a specified age.

Trusts can have legal, administrative and tax consequences.

They should be drafted with appropriate professional advice.

Can You Change Your Will?

Yes.

You can change your will while you have the necessary testamentary capacity.

In England and Wales, changes are commonly made through a properly executed codicil or by creating a new will.

You should not simply write alterations onto an already signed will and assume they are legally effective.

A new will should clearly revoke earlier wills where appropriate.

How Often Should You Update Your Will?

Reviewing a will every few years is sensible, particularly after significant life changes.

Examples include marriage, divorce, the birth of a child, buying or selling property, receiving an inheritance or the death of a beneficiary.

A major change in financial circumstances may also justify a review.

Where Should You Store Your Will?

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

Possible arrangements include storage with a solicitor, an appropriate professional storage service or the Probate Service.

Executors should know where the original document is held.

Losing the original can complicate probate and estate administration.

Making a Will in Scotland

Scottish succession law differs from the law in England and Wales.

The rules governing the execution of wills are different, and Scottish law provides certain legal rights to spouses, civil partners and children.

These rights may apply to part of the deceased person's moveable estate even where the will makes different arrangements.

People living in Scotland should obtain advice based on Scottish succession law.

Making a Will in Northern Ireland

Northern Ireland has its own succession and inheritance procedures.

Although some formal will requirements are similar to those in England and Wales, the rules concerning intestacy and estate administration can differ.

A will intended to operate in Northern Ireland should be prepared with the applicable legal requirements in mind.

Common Mistakes When Making a Will

Common mistakes include failing to sign the will correctly, choosing an unsuitable witness, overlooking jointly owned property and failing to update the document after marriage or other major life changes.

Other problems include unclear beneficiary descriptions, failing to name substitute beneficiaries and not accounting for assets held overseas.

For property owners, misunderstanding the distinction between joint tenants and tenants in common can lead to unintended inheritance outcomes.

Frequently Asked Questions About Making a Will

How do I make a will in the UK?

List your assets, choose beneficiaries and executors, prepare the document and ensure it is signed and witnessed according to the relevant legal requirements.

Can I make a will for free?

Yes. You can write your own will without paying a solicitor, although professional advice is advisable for complex circumstances.

Is a homemade will legally valid?

Yes, provided it meets the applicable legal requirements.

Do I need a solicitor to make a will?

Not necessarily. However, a solicitor can help ensure that the will reflects your intentions and complies with<