How to Make a Will in the UK: A Complete Guide

I have spent the better part of twenty years sitting at kitchen tables across Northamptonshire, helping people put their wishes into a will. In that time I have learned that most people put it off not because they do not care, but because they are not quite sure how it works or where to begin. So this is meant to answer that. What a will actually does, how you go about making one, what it costs, and how to avoid the mistakes I see most often.

None of it is as difficult as people fear. A will is one of the more sensible things you can do for the people you love, and once it is done it tends to stay done for a good many years.

Why do you need a will?

More than half of UK adults have not made a will, according to the Money and Pensions Service. That is a great many families who, if the worst happened tomorrow, would have no say at all in what became of everything they had worked for.

Because if you die without a will, the law decides for you. There is a fixed set of rules called intestacy, and they take no notice of your wishes. Your husband or wife does not automatically inherit everything. An unmarried partner inherits nothing whatever, however long you have been together. The estate is shared out in a strict order that rarely matches what people actually want. I have written a fuller piece on what happens if you die without a will, and it is worth a read if you are on the fence.

A will puts you back in charge. It is the difference between deciding these things yourself and leaving them to a formula drawn up in Parliament.

What does a will let you decide?

People tend to think of a will as being about money, and it is, but it is a good deal more than that. A properly drawn will lets you set down the things that matter most.

• Who inherits. You name the people, and the charities if you wish, who receive your estate, and in what shares.
• Who acts as your executor. These are the people you trust to carry out your wishes and deal with the practical business of your estate.
• Who looks after your children. If you have children under eighteen, you appoint their guardians. To my mind this is the single most important reason for any young parent to make a will.
• Specific gifts. A particular sum to a grandchild, a piece of jewellery to a friend, a keepsake to someone who would value it.
• Your funeral wishes. Whether you would prefer burial or cremation, and any wishes about the service, so your family are not left guessing at a difficult time.

How to make a will, step by step

The process is more straightforward than most people expect. Here is how it goes.

1. Take stock of what you own

Before anything else, get a rough picture of your estate. Your home, any savings, investments, pensions with death benefits, life policies, vehicles, personal belongings of value. You do not need it to the penny, but you want a sense of the whole.

2. Decide who gets what

Think about who you want to benefit, and in what proportions. Consider any specific gifts you want to make, and who should receive the remainder, what we call the residue, once those gifts are paid.

3. Choose your executors and any guardians

Pick the people who will carry out your wishes, and, if your children are young, the people who would raise them. Have a quiet word with them first. It is a kindness to ask before you appoint.

4. Have the will drafted

This is where a will writer earns their keep. Your wishes are put into proper legal wording that does what you intend and holds up after you are gone. At this stage you check the draft carefully and we make any changes before it is finalised.

5. Sign it correctly

A will in England and Wales must be signed by you in the presence of two independent witnesses, who then sign in your presence. The witnesses, and their spouses, must not be beneficiaries, or they lose what you left them. This step trips up more homemade wills than any other.

6. Store it safely and tell people where it is

The original must be kept somewhere safe, and your executors need to know where to find it. A will nobody can locate is very nearly as much trouble as no will at all.

Should you use a solicitor, a will writer or a DIY kit?

This is the question I am asked most, so let me be honest about it.

A DIY kit from the newsagent or an online form looks like the cheap option. In my experience it is a false economy, and often a risky one. The wording is generic, there is nobody to spot that your situation does not fit the template, and the mistakes only surface after death, when it is far too late to fix them. I have been asked to help sort out the aftermath of a homemade will more than once, and it costs the family a great deal more than a proper will ever would have.

A solicitor can certainly do the job, and for a genuinely complicated estate you may want one. But you will usually pay more, sometimes a good deal more, and for most ordinary estates you are paying for expertise you do not need.

A professional will writer sits sensibly in the middle. Will writing is what we do all day, every day, at a fixed fee that is fair for the work. Choice Wills is a member of the Society of Will Writers, which sets standards for training and conduct and requires professional indemnity insurance. You get someone who knows the subject properly, without the solicitor's overheads. You can read more about how we work on our will writing page.

How much does a will cost?

Less than most people imagine, and a great deal less than the mess of not having one. At Choice Wills a single will is a fixed £225, and mirror wills for a couple are £450. That fee is agreed before I start, so there are no surprises, and the first consultation is free. If your affairs are more involved, the price reflects that, but you will always know it in advance. I have set out the full picture in how much a will costs in the UK.

Choosing executors and guardians

Your executors are the people who will carry out your will, gather in your estate, pay any debts and see that everyone receives what you left them. Choose people who are honest, organised and likely to outlive you, and who will not shy away from a bit of paperwork. You can appoint more than one, which is often wise, and you can name a substitute in case someone is unable to act.

Guardians are for your children while they are under eighteen. Think about who shares your values, who your children already know and trust, and whether that person is genuinely willing and able to take it on. It is a big ask, and it deserves a proper conversation. I have written more on how to choose an executor if you want to think it through carefully.

Keeping your will safe and up to date

A will is not a thing you write once and forget. Life moves on. People are born, people fall out, people pass away, and the will that suited you at forty may not suit you at sixty.

Marriage or a civil partnership, I should mention, automatically revokes an existing will unless it was made in contemplation of that marriage. Divorce does not revoke a will, but it treats your former spouse as though they had died first. These are exactly the sort of events that ought to prompt a review.

We offer secure storage of your original will for £59.99 a year, which includes unlimited amendments, so you can keep it current as your circumstances change without a fresh fee each time. I have set out when a review is worth doing in when you should update your will. As a rule of thumb, look at it every five years or so, and whenever something significant happens.

Common mistakes people make

After twenty years you see the same avoidable errors again and again. These are the ones worth guarding against.

• Witnessing it wrongly. Using a beneficiary, or a beneficiary's spouse, as a witness, or not having two witnesses present at the same time. This can invalidate the will or the gift.
• Assuming a partner is protected. An unmarried partner has no automatic right to inherit. If you want them looked after, it must be written down.
• Forgetting to appoint guardians. Young parents often think of the money and overlook the more important question of who raises the children.
• Leaving it where nobody can find it. A will hidden so well that the executors never locate it may as well not exist.
• Making it and never looking at it again. A will from a previous marriage, or one that leaves gifts to people who have since died, can cause real difficulty.
• Trusting a bargain kit with a real estate. The saving is small and the risk is not.

Getting it done

Making a will is one of those jobs that weighs on people far more before it is done than after. Most of my clients tell me they wish they had seen to it years earlier.

At Choice Wills I visit people in their own homes across Northamptonshire, and out towards Milton Keynes, Bedford and Buckingham, or I meet by video or telephone anywhere in England and Wales. The first conversation costs nothing and there is no obligation. If you have been meaning to sort it out, do get in touch and we can make a start.

Common questions

Do I need a solicitor to make a will?

No. There is no legal requirement to use a solicitor. A qualified will writer can prepare a valid will, and for most straightforward estates does so at a lower fixed fee. What matters is that the person is properly trained and that the will is drafted and signed correctly.

Is a homemade will legally valid?

It can be, if it is signed and witnessed correctly and the wording is clear. The trouble is that homemade wills often are not. Small mistakes in wording or witnessing can make a will invalid or lead it to do the opposite of what was intended, and that only comes to light after death.

How long does it take to make a will?

For most people the first appointment takes about an hour. Once your wishes are clear, a draft usually follows within a few days. Allowing for time to check the draft and arrange the signing, the whole thing is commonly done within a week or two.

Where should I store my will?

Keep the original somewhere safe and dry, and make sure your executors know where it is. Many people use a secure storage service. At Choice Wills that is £59.99 a year and includes unlimited amendments. A will nobody can find is little better than no will at all.

Can I write my own will?

You are allowed to. Whether you should is another matter. If your affairs are very simple you might manage, but even modest complications, a second marriage, a business, a property, are easy to get wrong. For the cost of a good will, most people find it is not worth the risk.