What makes a will legal
In England and Wales, a will is valid if:
- it is in writing;
- you are 18 or over and have the mental capacity to make it;
- you sign it (or someone signs for you, in front of you and at your direction);
- you sign in front of two adult witnesses who are both there at the same time;
- both witnesses then sign it in front of you.
A witness, or the husband, wife or civil partner of a witness, cannot inherit under the will. The will stays valid, but that person loses their gift. Video witnessing was allowed for a while during the pandemic, but that ended in January 2024, so both witnesses now need to be physically present.
That is all the law requires. There is no form you have to use, no fee, and no need to register it. Scotland and Northern Ireland have their own rules, and this guide covers England and Wales.
Step 1: List what you own and owe
Write down your property, savings, investments, pensions, life insurance, cars and anything of real value or meaning. Add debts such as a mortgage. You do not need exact figures, just a clear picture.
Two things people often miss. Jointly owned property may pass to the other owner automatically, whatever your will says: what happens to your house when you die explains how. Pensions and many life policies are usually paid out according to a separate nomination form, not your will. And think about digital assets: online accounts, photos and crypto.
Step 2: Decide who gets what
Most wills have two parts: specific gifts (a sum of money, a ring, a car) and the residue, which is everything left over after gifts, debts and costs. The residue is usually most of the estate, so it matters most.
For every gift, decide what happens if the person dies before you. Without a backup, the gift can fail: see what happens if a beneficiary dies before you. If you are leaving money to children, read leaving money to a child under 18 first, because they cannot inherit outright until they turn 18.
Step 3: Choose your executors
Executors are the people who sort out your estate after you die. Choose one to four adults you trust to be organised and fair. Family members are the usual choice, and an executor can also be a beneficiary. Name a backup in case your first choice cannot act. See how to choose an executor and what an executor does.
Step 4: Choose guardians for children under 18
If you have children under 18, your will is where you name who would bring them up if both parents died. Without one, a court decides. Ask the person first. Our guide on choosing a guardian covers how to decide.
Step 5: Decide how to write it
You have three routes:
- Write it yourself. It is free and legal, but mistakes are common and usually only come to light after you die. See can I write my own will without a solicitor?
- Use an online will service, usually £79 to £160. Fine for straightforward estates.
- Use a solicitor, usually £150 to £400 for a simple will. Worth paying for with a blended family, a business, property abroad, or someone you want to leave out.
Our cost guide and online will vs solicitor compare them properly. Couples with the same wishes often make mirror wills.
Step 6: Sign and witness it properly
This is where most homemade wills go wrong. Sign with both witnesses watching. Do not use a beneficiary or a beneficiary's partner as a witness. Do not staple anything to it or make changes after signing. How to sign a will and who can witness a will take you through it, and what makes a will invalid lists the common mistakes.
Step 7: Store it and tell your executors
Keep the signed original somewhere safe and dry, and make sure your executors know where it is. A will they cannot find is no use. You do not have to register it, though there are voluntary options: see do I need to register my will?
Step 8: Keep it up to date
Getting married or entering a civil partnership cancels an existing will in England and Wales. Divorce does not cancel it, but your ex is treated as if they had died. New children, a house move, or a death in the family are all reasons to review it. When should I update my will? has the full list. Small changes can be made with a codicil, but a new will is usually cleaner.
Common questions
How long does it take?
Gathering the information takes the longest. An online will takes about 20 to 30 minutes to complete once you know what you want. A solicitor typically takes one to three weeks, including appointments.
Can I make a will for free?
Yes. Writing it yourself is free. Charity schemes also exist: Free Wills Month (usually March and October, for people aged 55 and over) and Will Aid (November, where solicitors waive their fee in return for a donation). These schemes hope you will leave the charity a gift, though you do not have to.
Is an online will legal?
Yes, as long as you print it and sign it in front of two witnesses in the normal way. A will that is only typed or saved online, and never signed on paper, is not valid. More in is an online will legally valid?
Do I need a will if I am married?
Yes. Your husband or wife does not automatically inherit everything under the intestacy rules, and unmarried partners get nothing at all. See what happens if you die without a will.
With PureWill
PureWill takes you through steps 1 to 5 in about 20 minutes, for £79, and gives you a printable will with clear signing instructions for step 6. It is built for straightforward estates. If you have a blended family, a business, property abroad, or you want to leave someone out, a solicitor is the better choice and we will say so as you go.
Ready to write your own will? Takes 20 minutes. From £79.
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