UK Will Writing: How to Write a Will

A will is the only way to ensure your estate is distributed exactly as you want after you die. Without one, the law decides who gets what — and the result may not match your wishes. Writing a will is quick, affordable, and gives you complete control over your legacy.

Why Write a Will

If you die without a will (known as dying “intestate”), your estate is distributed according to the rules of intestacy set out in the Administration of Estates Act 1925. These rules follow a strict hierarchy that may not reflect your personal wishes. Unmarried partners, close friends, and charities you support will receive nothing under intestacy rules. Only legally recognised spouses, civil partners, children, parents, and siblings are eligible.

A will lets you:

• Choose who inherits your property, money, and possessions
• Appoint executors to administer your estate
• Name guardians for minor children
• Specify your funeral wishes
• Leave gifts to charity, which can also reduce inheritance tax

Intestacy Rules in the UK

If you die without a will, the intestacy rules apply in this order:

Unmarried partners receive nothing under intestacy rules, regardless of how long you have lived together. This is one of the most common reasons to write a will.

What to Include in Your Will

Your will should cover the following:

Who Gets What

List every asset and who receives it. This includes property, savings, investments, vehicles, jewellery, and any other valuables. You can leave specific items to specific people (e.g., “my watch to my nephew James”) and the remainder of your estate to someone else.

Executors

An executor is the person responsible for administering your estate — collecting assets, paying debts, and distributing what remains. You can appoint up to four executors. Many people choose a trusted family member, close friend, or a professional such as a solicitor. It is sensible to name an alternative executor in case your first choice is unable to act.

Guardians for Children

If you have children under 18, your will should name guardians who will look after them if both parents die. Without this, the court decides who cares for your children, which may not be who you would have chosen.

Funeral Wishes

While not legally binding, stating your funeral preferences in your will helps your family make the right decisions during a difficult time. You can specify burial or cremation, and any particular wishes you have.

How Much Does a Will Cost

Writing a will does not have to be expensive. There are several options:

Free will templates are available from organisations such as Which? Legal and the Freemasons. These are suitable if your wishes are straightforward — for example, leaving everything to your spouse or splitting assets between your children.

If your estate includes property, business interests, overseas assets, or you want to set up trusts, a solicitor is recommended. The cost is typically £150 for a simple will and up to £500 for a more complex one involving trusts or tax planning advice.

Witness Requirements

For a will to be legally valid in England and Wales, it must be signed in the presence of two witnesses. The witnesses must:

• Be aged 18 or over
• Not be a beneficiary under the will (or the spouse/civil partner of a beneficiary)
• Be present at the same time as you sign

If a beneficiary witnesses your will, that beneficiary loses their entitlement under the will. The rest of the will remains valid, but that specific gift fails. Choose witnesses who have no financial interest in your will.

When to Update Your Will

A will is not a one-off document. You should review and update it whenever your circumstances change significantly:

• Marriage or civil partnership — A marriage or civil partnership automatically revokes any existing will unless the will was made in contemplation of that marriage
• Divorce or separation — Divorce does not automatically revoke a will, but any gift to your former spouse is treated as if they had predeceased you
• Birth or adoption of children — Add new children or grandchildren as beneficiaries, and update guardians
• Death of an executor — If your chosen executor dies, name a replacement
• Significant asset changes — Buying or selling property, receiving an inheritance, or major investments
• Change of residence — Moving to Scotland or abroad may affect how your will is interpreted

As a general rule, review your will every three to five years even if nothing has changed.

Setting Up Trusts in Your Will

Trusts can be useful in a will, particularly for:

• Children — Holding assets in trust until children reach a specified age (e.g., 18, 21, or 25)
• Vulnerable beneficiaries — Protecting assets for beneficiaries who may not be able to manage money themselves, such as those with disabilities
• Second marriages — Ensuring your children from a previous relationship inherit, while also providing for your new spouse
• Tax planning — Using discretionary trusts to reduce inheritance tax liability

Setting up trusts involves complex legal and tax considerations. Professional advice from a solicitor or tax adviser is strongly recommended.

Including Digital Assets in Your Will

Your digital assets are just as important as your physical ones. These include:

• Online bank accounts and investment platforms
• Cryptocurrency wallets and exchange accounts
• Subscription services (Netflix, Spotify, etc.)
• Social media accounts
• Online stores (Amazon, eBay)
• Email accounts
• Digital photo libraries

Make a list of your digital accounts, how to access them (passwords, security questions), and what you want to happen to them. Some services have legacy policies — for example, Google has an inactive account manager, and Facebook allows you to designate a legacy contact. Do not include passwords directly in your will, as it becomes a public document once probate is granted. Instead, store access details separately and reference them in your will.

Where to Store Your Will

Once signed, your will should be stored somewhere safe. Options include:

• At home — Keep in a waterproof document holder in a secure location. Tell your executor where it is
• Solicitor’s office — Many solicitors offer will storage for a small annual fee or for free
• Free will storage services — The Red Cross and some banks offer free will storage
• HM Courts & Tribunals Service — You can deposit your will for a fee of £20

Do not store your will in a bank safety deposit box, as the box may be sealed when you die, making it difficult for executors to access. A solicitor’s office or a free storage service is usually the safest option.

Worked Example: Married Couple with Two Children

Sarah and James are married with two children, Emily (age 10) and Tom (age 7). Their combined estate is worth approximately £450,000, including their home (£300,000), savings (£100,000), and personal possessions (£50,000).

Their Wills

Sarah’s will:

• On her death, everything passes to James
• On James’s death, the estate is split equally between Emily and Tom
• Executor: Sarah’s brother, David
• Guardians: Sarah’s sister, Rachel (to care for the children if both parents die)
• Funeral wishes: cremation with a small family service

James’s will:

• On his death, everything passes to Sarah
• On Sarah’s death, the estate is split equally between Emily and Tom
• Executor: James’s brother, Mark
• Guardians: James’s sister, Rachel (same as Sarah, for consistency)
• Funeral wishes: cremation

What This Achieves

If Sarah dies first, James inherits everything and continues to look after the children. When James also dies, the estate passes equally to Emily and Tom. The guardians named in both wills ensure the children are cared for by the same family member. The executors handle the administrative work, relieving the family of that burden.

Tips for Writing Your Will

1. Write your will now — Do not put it off. The process is quicker and cheaper than most people think
2. Update after major life events — Marriage, divorce, children, death of a beneficiary or executor
3. Store it safely — A will is only useful if it can be found after your death
4. Discuss it with your family — Let your executors and guardians know their roles
5. Use free templates for simple estates — If your wishes are straightforward, free templates from Which? Legal or the Freemasons are sufficient
6. Seek professional advice for complex estates — If you have property, business interests, overseas assets, or want to set up trusts, see a solicitor
7. Consider inheritance tax — Gifts to charity are tax-free, and married couples can pass assets between each other tax-free. Plan ahead to minimise tax

References

• GOV.UK — Wills
• MoneyHelper — Writing a will
• Which? Legal — Will writing