Writing a will is one of the most important financial tasks you can do — yet nearly half of UK adults and over half of US adults don’t have one. Without a will, the government decides who gets your money, your property, and even who looks after your children.
The good news: writing a will doesn’t have to cost hundreds. There are free and cheap options that work perfectly well for straightforward estates.
Why You Need a Will
Without a will, you die intestate — meaning the law decides how your estate is divided. This is almost never what you’d want.
What Happens Without a Will
| Country | Intestacy Rules |
|---|---|
| UK | Spouse/civil partner gets the first £322,000, plus half of the remainder. Children get the other half. If no spouse, children split everything equally. If no spouse or children, parents, then siblings, then grandparents inherit. |
| US | Varies by state, but typically: spouse gets everything if no children. If children exist, spouse gets a share (often one-third to one-half) and children split the rest. If no spouse or children, parents, then siblings inherit. |
| Canada | Varies by province. In most provinces, the spouse gets the first portion (e.g., first $50,000 in Ontario) plus a share of the remainder. Children split the rest. No will means a court-appointed administrator handles the estate. |
Key Problems With Dying Intestate
- Your partner may not inherit — common-law partners in the UK and many Canadian provinces have no automatic right to inherit
- Guardians for children are chosen by a court, not by you
- Unmarried partners get nothing in most jurisdictions
- Your estate may be divided in ways you’d never choose
- Tax planning opportunities are lost — without a will, you can’t structure gifts to minimise tax
How to Make a Will: Your Options
Free Options
Template wills from reputable organisations:
- Which? offers a free will-writing template service in the UK — you fill it in online or download it
- Citizens Advice provides free guidance on making a will, especially useful if your circumstances are straightforward
- LawWorks and legal aid clinics offer free will-writing for vulnerable or low-income individuals
- Solicitor pro bono work — many solicitors offer free will-writing during Free Wills Month (March and October in the UK) for people aged 55+
In the US:
- Many states offer free statutory will forms — check your state’s probate court website
- Legal aid societies sometimes offer free will-drafting services
- Some employers and unions provide free basic will templates as a benefit
In Canada:
- Some provinces offer free will kits through government websites (check your province’s attorney general site)
- Community legal clinics often provide free will-writing for low-income residents
Cheap Options (£20–£150)
UK online will-writing services:
- Farewill — from £100 for a single will, £160 for a mirror will. Fully online, reviewed by professionals
- Co-op Legal Services — from £120 for a single will. Well-established provider
- Which? Wills — from £99. Backed by the Which? brand
- TSB/Barclays customers — some banks offer discounted or free will-writing through partnerships
- Golding Lawyers — from £99 for a simple will
US online services:
- TurboTax WillMaker & Trust — from £49/year. Includes will, living trust, healthcare directive, and power of attorney
- Nolo — from £35 for do-it-yourself will software
- LegalZoom — from £69 for a basic will package
- Trust & Will — from £59 for an online will
Canadian online services:
- Willful — from £99 for a basic will, $149 CAD for a comprehensive package. Available in all provinces
- Epilogue Wills — from £99. Simple online process
- LegalWills — from £29 for a basic will. One of the cheapest options
What to Include in Your Will
Essential Elements
1. Assets to Distribute
- Property (homes, land, rental properties)
- Bank accounts and savings
- Investments and ISAs/401(k)s
- Vehicles, jewellery, and valuables
- Life insurance policies
- Business interests
2. Guardians for Children If you have children under 18, name who you want to raise them. Without this, a court decides — and it may not be who you’d choose.
3. An Executor This is the person who carries out your will’s instructions. Choose someone trustworthy, organised, and willing to take on the role. You can name more than one.
4. Specific Gifts
- Money gifts (e.g., “£5,000 to my niece Sarah”)
- Specific items (e.g., “my watch collection to my son James”)
- Residuary estate (everything else, split between your chosen beneficiaries)
5. Funeral Wishes Not legally binding in most jurisdictions, but gives guidance to your family. You can specify burial vs cremation, type of service, or any other wishes.
Optional but Recommended
- Substitute executor — if your first choice can’t serve
- Gifts conditional on age — e.g., money held in trust until a beneficiary reaches 25
- Charitable bequests — gifts to charities (which can also reduce inheritance tax)
- Pet care instructions — who should look after your pets
UK Wills vs US Wills vs Canadian Wills
| Feature | UK | US | Canada |
|---|---|---|---|
| Must be witnessed | Yes — 2 witnesses, both present when you sign | Yes — requirements vary by state (typically 2 witnesses) | Yes — typically 2 witnesses, varies by province |
| Registration required | No — but can be deposited with the Probate Registry | No — but should be filed with the probate court after death | No — but may need to be probated after death |
| Validity | Must be in writing and signed by you in the presence of 2 witnesses who also sign | Must be in writing, signed by you and witnessed (witness requirements vary) | Must be in writing, signed by you, and witnessed per provincial rules |
| Tax on wills | None | None | None (but some provinces charge probate fees) |
| Cost of not having one | Intestacy rules apply — estate divided by law | Intestacy rules vary by state — court costs, delays, family disputes | Intestacy rules vary by province — court-appointed administrator fees |
| Common mistake | Thinking a joint will is fine — it isn’t for unmarried couples | Not updating after divorce — many states don’t automatically revoke ex-spouse provisions | Failing to consider provincial differences if you own property in multiple provinces |
Important Differences to Know
UK:
- You can write a will from age 12 (but most people wait until adulthood)
- Marriage or civil partnership revokes any previous will unless stated otherwise
- Divorce does NOT revoke a will — your ex-spouse may still inherit
US:
- Each state has different rules — a will valid in California may not be valid in Texas
- Some states allow “self-proving” wills (notarised, which speeds up probate)
- Digital assets (online accounts, cryptocurrency) need specific provisions
Canada:
- Each province has its own rules — wills are generally valid across provinces but may need to be re-probated
- Quebec uses civil law (not common law), so wills work differently there
- Some provinces have “dependent’s relief” legislation — dependants can challenge a will even if they’re not mentioned
When to See a Solicitor (Not DIY)
DIY wills are fine for simple situations, but you should see a solicitor if:
- Complex estate — multiple properties, business ownership, overseas assets, or significant wealth
- Blended families — children from different relationships, stepchildren, complicated family dynamics
- Overseas property — you’ll need separate wills in different countries, or a carefully drafted international will
- Dependants with special needs — setting up trusts or special provisions
- Potential for disputes — if family members might contest the will
- Tax planning needed — if your estate is above the inheritance tax threshold
- Business succession — passing on a business requires careful planning
- You want a trust — setting up a discretionary or bare trust in your will
Common Mistakes to Avoid
- Not having a will at all — the biggest mistake. Even a basic will is better than nothing
- Forgetting to update — get married, divorced, have children, buy a house? Update your will
- Using outdated witnesses — witnesses must be over 18 (UK) and should not be beneficiaries
- Not signing in the right order — sign first, then witnesses. Not the other way around
- Leaving out digital assets — include login details or instructions for online accounts
- Assuming your partner automatically inherits — they don’t without a will (or a qualifying cohabitation agreement in some jurisdictions)
Next Steps
- List your assets and debts — know what you’re working with
- Decide who gets what — be specific
- Choose your executor — and ask them first
- Pick a service — free template, online service, or solicitor
- Write it, sign it, witness it — follow the rules carefully
- Store it safely — keep it somewhere your executor can find it. Consider registering it with a will storage service
- Review every 3–5 years — or after any major life event
A will is one of those things that costs a little now to save your family a lot later. Don’t put it off.