Writing a will

A will is a legal document outlining what should happen to your money, property, and other assets, collectively known as your estate, after your death. It will also state who's responsible for managing this process by naming them as an executor, or executors if you want more than one.

When you write your will, you’ll need to decide how you’d like your estate to be shared out. The assets you would usually include are:

• your home, vehicles and any other property you own
• family heirlooms, personal items, pets and valuables
• bank and savings accounts, plus any pension or life insurance policies
• stocks and shares or investment trusts

Other things you might need or want to include in your will are:

• the details of who any children under 18 would live with in the event of your death
• any preferred funeral arrangements
• what happens if a beneficiary dies before you
• what you wish to happen to your business or business partnership. 

In England and Wales, if you die without a will, then your estate has to be shared out according to certain rules. These are called the ‘rules of intestacy’. ^{Footnote [1]} In most cases, married partners, civil partners or relatives can inherit under the rules of intestacy. ^{Footnote [2]} Children may also inherit depending on the size of the estate and your personal circumstances. 

If you die and don’t have a spouse or civil partner but have children, your estate would be equally split between your children or your grandchildren. But if you have none of these, then the priority is:

• living parents
• full-blood siblings
• half-blood siblings
• grandparents
• aunts/uncles
• half-blood aunts/uncles.^{Footnote [2]}

If you have no living relatives, then your estate would pass to the Crown.^{Footnote [2]}

First things first, decide how you’re going to write your will. No two wills are the same, so there’s more than one way to do this.

Writing your own will

You can write your own will if you’re…

• over the age of 18 (in England and Wales) or over the age of 12 in Scotland
• of sound mind
• writing your will voluntarily without any pressure from other people
• you have two witnesses who are not named as beneficiaries to countersign (in England and Wales) or one witness aged 16 or over to countersign in Scotland. ^{Footnote [3]}

A will is a legally binding document, so getting it right is crucial. We don’t suggest going into the process blind. To help, you can find templates online, or you can even buy a kit to help you get started. Just make sure you’ve done your research before you begin.

Employing a solicitor

There are a couple of reasons you might prefer to have the keen eye of a solicitor when it comes to writing your will. It might be as simple as you not feeling comfortable or confident enough to make a will without someone from a legal background to advise you. Or, you could have a more complex estate where you own a business or have property overseas. There might even be complicated family matters at play. Hiring a solicitor can help ensure that there are less chances of legal complications after your death. They can also advise on things like inheritance tax.

Using a will writing service

Will writing services can be used online, over the phone, or in person in your home. These services may be cheaper than employing a solicitor and are useful if you’d like help writing your will, but don’t want advice from a solicitor. Just be sure the service you intend to use is a member of a professional body, like the Institute of Professional Will Writers.

Other will writing services

It can also be worth checking whether places like your insurance provider, or bank offers support with writing wills. Some might partner with legal firms to offer discounted or even free will-writing services to their customers.

Choose your executor or executors

When you write your will, you’ll need to choose executors to administrate your estate. They’ll carry out your wishes and follow the instructions outlined in your will. You can choose a beneficiary, a friend, or a relative for this position. Or if you’d rather have a professional deal with it, you can also choose an accountant, solicitor, or your bank.

It’s a good idea to write a will as soon as you have anything valuable, you’d like to pass on, like property, savings, or personal possessions. Major life events like getting married, having children, or buying a home are common events that might make people think about writing a will.

You might also need to write a will in certain circumstances, such as if you’re in a long-term relationship but not married, have stepchildren, or want to leave gifts to people outside the usual rules of inheritance.

Writing your own will can be free. But we still recommend using a template, and you’ll need to have it witnessed and signed. If you don't fancy writing your own will, but you don't want to spend much, you can use an online will writing service.  Or you could just wait until Free Will Month comes around.

A standard will writing service can be done where you feel most comfortable, like in your own home. They’ll usually charge a fee and may be cheaper than hiring a solicitor, but won’t be suitable for everybody.

Your will can be stored with your bank, solicitor, will writing professional or within a national storage facility. Some people prefer to keep their will at home, but there’s always a risk of losing it to fire, flood or theft if it’s not protected properly. Your chosen executor(s) should know where your will is kept.

HM Courts and Tribunal Service (HMCTS) also offers a secure storage facility. You can post your will or take it to the probate office (registry). You can withdraw it at any time and so can your dependents after your death. ^{Footnote [4]}

If you want to change your will, you’ll need to make an official alteration called a codicil. You can’t simply add to the original will, as alterations wouldn’t be legally valid. After you’ve written the codicil, you’ll need to sign it and get it witnessed as you did with your original will. You can make as many codicils as you need to over time. Gov.uk says you should review your will every 5 years, and after any major life changes, such as:

• getting separated or divorced
• getting married (this cancels any will you made before)
• have children
• move house
• if your executor dies. ^{Footnote [5]}

Alternatively, you can make a completely new will. If you do this, you must explain that it revokes the previous will and the old will should be safely destroyed.