How to Make a Will

Written by: [AUTHOR NAME], Wills & Probate Solicitor, Setfords | Published: 5 August 2026 | Last reviewed: 5 August 2026 | Read time: 8 min

Knowing how to make a will in the UK starts with a handful of legal requirements that are easy to get right, and just as easy to get wrong if you’re not aware of them. This guide covers what makes a will valid, what it should include, and roughly what it costs, whichever route you take.

Key takeaways

• A will must be in writing, signed by you, and signed by two witnesses who are both present at the same time, to be legally valid.
• Witnesses can’t benefit under the will, and neither can their spouse or civil partner, or that gift is lost.
• Getting married generally cancels an existing will automatically, so you’ll usually need to make a new one afterwards.
• Costs vary hugely depending on how you make your will, from a DIY kit through to a solicitor-drafted will for a complex estate.
• Wills law is under review, including proposed changes to electronic wills and the marriage rule, but the current rules still apply for now.

What makes a will legally valid?

To make a valid will in England and Wales, you need to meet a small number of formal requirements set out in the Wills Act 1837. The will must be in writing, you must sign it yourself (or direct someone else to sign it in your presence), and your signature must be made or acknowledged in front of two witnesses who are both present at the same time. Each witness then needs to sign the will too, in your presence.

Get any part of this wrong, and the will has no legal effect at all, however clearly it sets out your wishes. This is the single most important thing to understand about how to make a will in the UK: intention and good drafting count for nothing if the formalities aren’t followed.

What should a will include?

A will typically covers who you’d like to act as your executor (the person responsible for administering your estate), who inherits what, and any specific gifts you want to make, such as a particular item or a sum of money to a named person or charity.

If you have children under 18, it’s also the place to name a guardian for them, should something happen to both parents. Many people also include funeral wishes, though these aren’t legally binding in the same way as the rest of the will. Anything left over once specific gifts have been made forms your “residuary estate”, and your will should say clearly who receives it.

Who can witness a will?

Witnesses need to be at least 18, able to see you sign, and not a beneficiary under the will. This last point catches people out more than any other: if a witness (or their spouse or civil partner) is due to inherit something under the will, that particular gift is lost, even though the rest of the will remains valid.

In practice, most people ask a neighbour, colleague, or someone unconnected to their estate to witness. Both witnesses need to be present together when you sign, and remote witnessing by video call, which was allowed temporarily during the pandemic, is no longer legally valid.

Do you need mental capacity to make a will?

Yes. You need to understand what a will is and what you’re doing by making one, roughly what you own, and who might reasonably expect to benefit from your estate, and you need to be free from any condition affecting your judgement at the time. This is often called testamentary capacity, and it’s assessed at the point the will is made, not afterwards.

Capacity can become a genuine concern for older people or those with a diagnosed condition affecting memory or understanding. Where there’s any doubt, it’s sensible to get a medical assessment alongside legal advice, since a will made without capacity can be challenged and set aside after death.

What happens if you get married, divorced, or have children?

Getting married or entering a civil partnership currently cancels any existing will automatically in England and Wales, unless the will was specifically made in anticipation of that marriage. This catches a surprising number of people out, since many assume an old will simply continues to apply.

Divorce doesn’t cancel a will in the same way, but it does usually mean any gift to your former spouse, and their appointment as executor, is treated as if they’d died before you. Having a child, buying a property, or any other major life change doesn’t automatically affect your will, but it’s a sensible prompt to check whether it still reflects what you want.

How much does making a will cost?

Costs vary considerably depending on the route you take. DIY will kits are the cheapest option, often £10 to £30, but carry the highest risk of an invalid will if the formalities aren’t followed correctly. Online will writing platforms typically cost £69 to £200, and work well for straightforward estates.

Professional will writers, who aren’t regulated in the same way as solicitors, generally charge £100 to £300. A solicitor-drafted will typically costs £200 to £500 plus VAT for a single will, rising for mirror wills or more complex estates, and comes with the protection of SRA regulation and professional indemnity insurance. For the full breakdown by option, including charity will schemes, see our guide to where to make a will.

Keeping your will safe and up to date

Once made, a will needs to be stored somewhere it can actually be found when needed, whether that’s with your solicitor, in a secure storage facility, or registered with a national registry so executors know where to look. Tell your executor where it is, since a perfectly valid will that nobody can locate causes exactly the same problems as having no will at all.

Review your will every few years, and after any significant life event. Small changes can sometimes be made by a codicil, but more substantial changes usually call for a new will altogether.

What’s changing: proposed reform to wills law

In May 2025, the Law Commission published its long-awaited report on modernising wills law, the first major review since the Wills Act 1837. Its recommendations include allowing electronic wills with strict safeguards, ending the rule that marriage automatically revokes a will (partly to address so-called “predatory marriages” targeting vulnerable people), and replacing the old common law capacity test with a single, modern test.

None of this is law yet. The government has been considering its response, and until any new Act is passed, the current rules described in this guide, including the marriage rule and the traditional capacity test, continue to apply in full.

Common mistakes to avoid

1. Using a beneficiary, or their spouse, as a witness.
The gift to that person is lost, even though the rest of the will stands.

2. Assuming an old will still applies after marriage.
In most cases, marriage cancels a previous will automatically.

3. Leaving a will where nobody can find it.
A valid will that’s never located is treated the same as having none at all.

4. Making major changes with a DIY amendment.
Scribbled alterations or unclear codicils can create real doubt about what you actually intended.

5. Putting off a will because your estate feels simple.
Even straightforward estates benefit from having clear, valid instructions in place.

When to speak to a solicitor

Many people can make a straightforward will without a solicitor, but it’s worth getting advice if:

• Your estate is high in value or has Inheritance Tax implications.
• You have a blended family, including stepchildren or children from a previous relationship.
• You own a business, or assets overseas.
• You want to provide for a vulnerable beneficiary through a trust.
• You’re worried about capacity, undue influence, or a family member who might challenge the will.

Understand your options and your timeline. Talk to a Setfords solicitor when you’re ready, whatever stage you’re at.

FAQs

Do I need a solicitor to make a valid will?

No. A will is legally valid in England and Wales as long as it meets the formal requirements: in writing, signed by you, and witnessed correctly by two people present at the same time.

Can I write my own will without witnesses?

No. Without two witnesses signing in your presence, the will has no legal effect, regardless of how it’s written or what it says.

Does getting married cancel my old will?

Generally, yes, unless the will was made specifically in anticipation of that marriage. Most people need to make a new will afterwards.

What happens if I don’t have a will?

Your estate is distributed under the rules of intestacy, which may not match what you’d have chosen, and an unmarried partner has no automatic right to inherit at all.

How much does it cost to make a will in the UK?

It depends on the route you take, from around £10 for a DIY kit to £200 to £500 plus VAT or more for a solicitor-drafted will. See our full cost breakdown for more detail.

About the author

[AUTHOR NAME], Wills & Probate Solicitor, Setfords

[AUTHOR BIO: one or two sentences on their experience and approach to wills and probate matters.]

Last reviewed: 5 August 2026.

This article is general information about making a will in England and Wales and is not legal advice. The law in this area is currently under review and may change, so please speak to a qualified wills and probate solicitor about your specific circumstances.