How to Make a Will

ML Written by Michelle Leggett Senior Private Client Consultant Solicitor

Published

10 November 2026

Last reviewed

10 November 2026

Read time

10 mins

Knowing how to make a will in England and Wales starts with a handful of legal requirements. They’re easy to get right, and equally easy to get wrong if you’re not aware of them. This guide covers what makes a will valid, what it should include, and the options for making one.

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.
• Neither a beneficiary nor their spouse or civil partner should act as a witness. If they do, they will lose their gift.
• Getting married generally cancels an existing will automatically, so you’ll usually need to make a new one afterwards.
• Costs vary depending on the complexity of your will.
• Wills law is under review, including proposed changes to electronic wills and the marriage rule, but the current rules still apply for now.

How do you make a will?

To make a valid will in England and Wales, set out your wishes in writing and sign the will in front of two witnesses. Both witnesses must be present at the same time and sign the will in your presence. Neither should be a beneficiary, or the spouse or civil partner of one. You can make a will yourself, but a solicitor can make sure it’s valid and reflects your wishes.

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, and you must sign it yourself (or direct someone else to sign it in your presence). 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) and who inherits what. It can also include specific gifts, 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 commonly catches people out. If a witness (or their spouse or civil partner) is due to inherit something under the will, that 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. You also need to know roughly what you own, and who might reasonably expect to benefit from your estate. At the time, you must be free from any condition affecting your judgement. 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. However, any gift to your former spouse, and their appointment as executor, is usually 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. It’s still a sensible prompt to check whether it reflects what you want.

Options for making your will and the benefits of obtaining tailored legal advice

Whilst it is possible, and certainly cheaper, to use a DIY kit, these carry the highest risk of being invalid or failing to dispose of your entire estate.

Online will writing platforms are the next option, but these are usually a tick-box exercise, so are only as good as the answers you provide. You are unlikely to receive guidance or advice.

Professional will writers provide more tailored advice, but they aren’t regulated in the same way as solicitors.

A will prepared by a solicitor will be the most expensive option, but will carry the least risk. Our lawyers will talk to you about your family and financial circumstances. They’ll provide advice on Inheritance Tax (IHT) exposure and the use of trusts, whether to provide protection for vulnerable beneficiaries or as part of IHT mitigation. They also come with SRA regulation and professional indemnity insurance.

The transfer of your assets on death is likely to be the biggest financial transaction you ever make, so it’s worth taking the time to get it right.

Keeping your will safe and up to date

Once made, a will needs to be stored somewhere it can be found when needed. That could be with your solicitor, in a secure storage facility or registered with a national registry. Tell your executor where your will is located, since a perfectly valid will that nobody can find is as good 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 and replacing the old common law capacity test with a single, modern test. It also recommends ending the rule that marriage automatically revokes a will, partly to address so-called ‘predatory marriages’ targeting vulnerable people.

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

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.

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

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

1. Making major changes with a DIY amendment. Scribbled, handwritten alterations to your will after it has been signed and witnessed should be avoided. They are likely to be invalid and it is safer to make a fresh will or codicil.

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

Ready to talk to a wills and probate solicitor? Speak to our wills and probate team for a confidential, no-obligation conversation. We’ll tell you where you stand and what your options are, with no pressure to take things further.

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.

What to bring to your first conversation

Coming prepared helps your solicitor understand your situation quickly and give advice that fits. It’s useful to bring:

• A list of your main assets, such as property, savings, investments and pensions, with rough values.
• Details of any debts, including a mortgage.
• The names and addresses of the people you’d like to benefit.
• Who you’d like to act as your executors and, if you have children under 18, their guardians.
• Any existing will or codicil.
• Details of any business interests or assets held overseas.

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. It must be 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?

Costs vary depending on the complexity of your will.

About The Author:

Michelle Leggett is a Senior Private Client Consultant Solicitor at Setfords. She qualified in 1997 and has over 25 years’ experience in private client law. Michelle advises on wills, Inheritance Tax planning, trusts, Lasting Powers of Attorney and estate administration. She is known for explaining options clearly and without jargon, and for tailoring her support to each client’s needs. She is a fully accredited member of STEP (the Society of Trust and Estate Practitioners) and the Lifetime Lawyers Association.

Find out more about how our wills and probate solicitors can help you make, update and store your will.

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.